Spencer Chapel Methodist Episcopal Church v. Brogan

• Decision Date: 21 October 1924
• Docket Number: Case Number: 15201
• Parties: SPENCER CHAPEL METHODIST EPISCOPAL CHURCH et al. v. BROGAN et al.
• Court: Oklahoma Supreme Court

1924 OK 963

231 P. 1074

104 Okla. 123

SPENCER CHAPEL METHODIST EPISCOPAL CHURCH et al. v. BROGAN et al.

Case Number: 15201

Supreme Court of Oklahoma

Decided: October 21, 1924

Syllabus

¶0 Nuisance--Injunction Against Reconstruction of Negro Church--Lack of Cause of Action.

A negro church organization bought property in that part of a city occupied exclusively by negroes and built a church building thereon and used it for religious worship and social gatherings until the church was destroyed by fire, and, thereafter, continued to hold their services in a small building on the property and had let a contract for building a new church, when, at the suit of white people who had bought property near the church property subsequent to the building of the old church, the organization was enjoined from constructing a new church on the site of the old, upon the ground that it would constitute a nuisance and thereby decrease the salable value of their property. Held, such judgment is contrary to law, equity, and good conscience and will be reversed.

Bruce & Brewer, J. B. Smith, and Jacob J. Jones, for plaintiffs in error.

W. W. Momyer, for defendants in error.

RAY, C.

¶1 This suit is by J. M. Brogan and 12 others against Spencer Chapel Methodist Episcopal Church and its trustees to enjoin them from building a negro church on the north 50 feet of lot 7, and south 70 feet of lot 6, block 236, in the city of Muskogee, upon the ground that they were attempting to build a negro church in a white community, which would constitute a nuisance, and thereby decrease the salable value of their property. A temporary injunction was granted and on final hearing made perpetual. A number of errors are assigned, but we think the case may and should be disposed of on its merits. The evidence shows that the Spencer Chapel Methodist Church bought the property and built a brick church thereon in 1903 or 1904. At the time the property was bought and the church built there were no white people living in that immediate vicinity. From the time the brick church was built, in 1903 or 1904, it was used as a place of worship until it was destroyed by fire, and since that time a small building on the lot has continually been used for that purpose. At the time this suit was commenced a contract had been let to build what the trustees call a modern church building at a cost of approximately $ 25,000. It is not sought to enjoin the defendants from continuing their worship in the small building on the property, but to enjoin them from building the new church. It appears that this church property is near the southeast corner of the block facing the east on 7th street. The adjoining block on the east is owned and occupied by white people. The block immediately south is occupied by both negroes and whites, the negroes being in the majority. The block cornering on the southwest is occupied exclusively by negroes. The blocks immediately west and north are occupied by both whites and negroes, the whites being in the majority. In block 236, where the church property is located, the negroes own and occupy 26 residences, while the white people own and occupy 12 residences. On the east side of the block, north of the church property and fronting on 7th street, there are only two negro residences, while the other lots fronting on that street are occupied by white people. While some of the witnesses for the plaintiffs testified that the church was sought to be built in a white community, it is clear that they referred to the property east of 7th street, and that part of the particular block where the church is located fronting on 7th street, north of the alley. We are led to this conclusion by the fact that a number of witnesses for the defendants gave the names of the residents in the block, both white and black, and told on what particular lot each family resided. No evidence was offered to contradict these statements.

¶2 Of the 13 parties plaintiff only four were produced as witnesses. The rights and interests of the nine parties plaintiff who did not testify are not made to appear by the evidence. Two of the parties plaintiff, J. M. Brogan and J. W. Boen, live in the same block where the church property is located. Mr. Brogan lives 250 or 300 feet north, his property fronting on 7th street. He bought the property and established his residence thereon in 1905, after the brick church was built. At that time, according to his testimony, all the...