Date: Fri, 25 Jul 1997 20:54:39 -0400 (EDT) From: Darrell128@aol.com Subject: NR 97083: Christ Community Church Sues RCA Classis NR #1997-083: Christ Community Church Sues RCA Classis; Asks Civil Court to Order Classis to Let Church Depart with its Property Embroiled for nearly two years in a conflict over homosexuality, salvation through Christ alone, and the authority of Scripture, Christ Community Church of Spring Lake has so far been unable to get the Muskegon Classis of the Reformed Church in America to let the church leave with its property. Now the church is trying a different tack -- filing a lawsuit with the Ottawa County Circuit Court asking the civil courts to order classis to execute an October 1 separation agreement approved by the Muskegon Classis but never signed because of an appeal by a member of Christ Community Church alleging "gross sexual misconduct" against her by the church's senior pastor, Rev. Richard Rhem. The lawsuit cites three counts of alleged breach of contract, including "multiple violations of due process" and "defamation, slander/libel." Each of the three counts asks for payment in excess of $10,000 plus attorney's fees. According to court papers dated July 24 and filed the following day in Ottawa County Circuit Court, "performance of the contract is still possible and the Court has the power to order specific performance on the part of Classis Muskegon, RCA." NR #1997-083: For Immediate Release Christ Community Church Sues RCA Classis, Asks Civil Court to Order Classis to Let Church Depart with its Property * Church to Circuit Court: "The Book of Church Order is inappropriate to regulate the relationship between the parties, as it does not provide for even rudimentary due process, requiring Classis to be simultaneously the investigating body, the grand jury, the prosecutor, the judge, and the jury. Further, it is deficient in procedural fairness and safeguards, and will allow the dissemination of falsehoods in a public proceeding." by Darrell Todd Maurina, Press Officer United Reformed News Service GRAND HAVEN, Mich. (July 25, 1997) URNS -- Embroiled for nearly two years in a conflict over homosexuality, salvation through Christ alone, and the authority of Scripture, Christ Community Church of Spring Lake has so far been unable to get the Muskegon Classis of the Reformed Church in America to let the church leave with its property. Now the church is trying a different tack -- filing a lawsuit with the Ottawa County Circuit Court asking the civil courts to order classis to execute an October 1 separation agreement approved by the Muskegon Classis but never signed because of an appeal by a member of Christ Community Church alleging "gross sexual misconduct" against her by the church's senior pastor, Rev. Richard Rhem. The lawsuit cites three counts of alleged breach of contract, including "multiple violations of due process" and "defamation, slander/libel." Each of the three counts asks for payment in excess of $10,000 plus attorney's fees. According to court papers dated July 24 and filed the following day in Ottawa County Circuit Court, "performance of the contract is still possible and the Court has the power to order specific performance on the part of Classis Muskegon, RCA." In its lawsuit against the classis and classical executive committee, Christ Community Church's board of trustees alleged that the "non-recognition of the independent status" of the church by the classis "has caused stress, discord, and unrest in the church and the Spring Lake community." The lawsuit also strongly objected to the RCA's judicial procedures, arguing that the classis "is a public body, and the gathering of sixty to seventy ministers and elders to act as trier of the fact in a public judicatory without the safeguards of civil law will result in damage" to the church. "The Book of Church Order is inappropriate to regulate the relationship between the parties, as it does not provide for even rudimentary due process, requiring Classis to be simultaneously the investigating body, the grand jury, the prosecutor, the judge, and the jury," claimed the lawsuit. "Further, it is deficient in procedural fairness and safeguards, and will allow the dissemination of falsehoods in a public proceeding." A third count against the classis claimed that the Christ Community member alleging "gross sexual misconduct" by Rhem has made accusations "which are calculated to intentionally and maliciously cause damage, pain, and hurt" to unnamed female members of the church and to the church itself. "Classis Muskegon RCA, in convening a judicatory proceeding, will participate in republishing defamation, slander/libel, connected with the previous publication [of the accuser], thereby breaching its contract" with the church and "causing damage" to the church and unnamed female members. Classis stated clerk Rev. Steve Smallegan declined comment on the grounds that he has not seen the lawsuit. Classis president Rev. Mark Nieuwsma, also named in the lawsuit, did not return repeated calls to his home and office. Classis officials have declined comment since a June 24 decision to try Rhem on the sexual misconduct charges. Nieuwsma said at the time that "We feel this is strictly a confidential matter that rests with classis" and that "we do not want any information released to the media at this point." Don Van Ostenberg, president of the Christ Community board of trustees, said the church felt it had no choice but to file a civil lawsuit. "We felt we were left with no other choice," said Van Ostenberg. "We feel we must stop the conflict and get on with the ministry. Our strongest and highest duty is to get on with our ministry and serve our constituents. It makes a very poor witness to the non-Christian community." "I think most people believe that if you belong to an organization and want to leave, you should be free to leave," said Van Ostenberg. "Coercive denominationalism must be a thing of the past. If churches must go their separate ways because of honest heartfelt disagreements over theological issues, that needs to be allowed. I don't think the non-Christian or nonchurched community understands that type of coercive action." Classis has until August 15 to respond to the civil lawsuit. Classis had set a church trial of Rhem on the sexual misconduct charges for August 5. When classis initially dismissed the alleged victim's charges last year, former classis president Elder Howard Connell said in open session that the finding of insufficient evidence was at least in part because Christ Community members made "threats of legal action against classis if they continued to seek out the facts of the charge." According to RCA procedure, ministers and churches cannot withdraw from the denomination without permission. Even if Rhem does not appear for his trial, classis may proceed to hear and vote upon the charges in his absence "if it is satisfied that proper notice was given." Personal penalties for Rhem could range from pastoral admonition and rebuke to judicial suspension, deposition from the ministry, or in extreme cases, excommunication. While the verdict may mean little to Rhem or his church, a minister convicted of sex charges by a church court is unlikely to be able to join another denomination without extensive examination of the charges. Penalties for Rhem's church could be more serious. After the classis executive committee recommended a formal rebuke of Rhem on theological rather than moral grounds, the church declared its independence from the RCA on July 4, 1996 -- a decision which the denomination refuses to recognize. Classis officials have since refused to sign a negotiated separation agreement, arguing that permitting the church to leave the RCA would make it impossible for the alleged sexual misconduct victim to press her charges. Both sides concur that RCA polity gives the classis the legal right to seize the church building, but doing so would require repayment of a $1.3 million mortgage. Cross-References to Related Articles: #1996-013: Special Meeting of RCA's Muskegon Classis Discusses Homosexuality, Scripture, Salvation Apart from Christ #1996-023: Muskegon RCA Classis: No Room for Pastor Questioning Salvation Apart from Christ, Authority of Scripture #1996-086: Muskegon Classis Rebukes Rhem for "Heretical" Views, Restarts Negotiations "to Reach a Mutually Acceptable Separation Agreement" with Christ Community Church #1996-091: Rhem Conflict Leads to Homosexuality Debate in Muskegon #1996-092: Back to the Drawing Board: Muskegon Classis Tables Proposed Settlement with Pastor of RCA's Fourth-Largest Church #1996-093: Dr. Jonathan Gerstner on Rhem: "Tragedy is the Only Word" #1996-094: Second RCA Minister Faces Discipline for Theological Views #1996-103: Classis Muskegon Averts Heresy Trial, Completes Separation Agreement with Richard Rhem, Christ Community Church #1996-110: Appeal Stalls Settlement Agreement on Rev. Richard Rhem; Protests Greet Upcoming Rhem Keynote Speech for RCA Regional Synod of the Mid-Atlantics on "The Church in Conflict... Can Non-Believers be Saved?" #1996-118: Rhem to Reformed Church in America: "The Bible is a Wax Nose" #1997-001: Muskegon Classis Suspends Separation Agreement Until Regional Synod Adjudicates Appeal on "Gross Sexual Misconduct" Allegations Against Richard Rhem #1997-002: Rhem's Attorney Responds: "Classis... Has Engaged in Conspiratorial Actions Which Were Maliciously Calculated to Damage Rev. Richard Rhem and Christ Community Church" #1997-007: Appeal of Charges Against Rhem Sent Back to Committee by RCA's Regional Synod Executive Committee; Van Hoeven Appeal to Proceed with Recommendation of Dismissal #1997-019: Reformed Church in America Classes Poised to Vote on Church Order Change: Should All RCA Ministers and Churches Annually Reaffirm that Salvation is Through Christ Alone? #1997-026: SW Michigan Becomes First RCA Michigan Classis to Ratify Church Order Amendment on Salvation Through Christ Alone #1997-028: Rhem Case on Hold; Muskegon Classis Affirms Salvation Through Christ Alone #1997-031: Reformed Church in America's Second and Third Largest Classes Vote to Affirm Salvation Only Through Christ #1997-032: South Grand Rapids Classis Overtures Reformed Church in America to Reject "Full Communion" with United Church of Christ Due to UCC Approval of Gay Marriage and Ordination #1997-033: Holland Classis Rejects Church Order Amendment to Require Annual Declaration that Salvation is Through Christ Alone #1997-034: Reformed Church in America Rejects Annual Declaration that Salvation is Through Christ Alone #1997-040: Typo Leads Reformed Church in America to Recommend New Vote on Salvation Apart from Christ #1997-043: RCA Committee Asks Regional Synod of the Great Lakes to Send Rhem "Gross Sexual Misconduct" Case Back to Muskegon Classis for Investigation, Possible Trial #1997-044: Great Lakes Regional Synod Minister: Reformed Church in America not "Dead," but Needs to "Wake Up" #1997-045: Reformed Church in America Regional Synod of the Great Lakes Sends Rhem "Gross Sexual Misconduct" Case Back to Muskegon Classis for Investigation, Possible Trial #1997-046: Rhem's Attorney Responds: "The RCA in Western Michigan [is] Truly a Dysfunctional Family" #1997-057: RCA's Muskegon Classis Calls Special Meeting to Consider Trial for Richard Rhem on Sexual Misconduct Charges #1997-058: Reformed Church in America's Muskegon Classis to Investigate Sexual Misconduct Charges Against Rhem #1997-079: Muskegon Classis to Meet June 24 for More Inquiry on "Gross Sexual Misconduct" Charges Against Rev. Richard Rhem; Classis Also Asked by Regional Synod to Consider Charging Rhem's Church with Leaking Documents to News Media Contact List: Rev. E. Wayne Antworth, Director, RCA Stewardship & Communication Services 475 Riverside Drive, New York, NY 10115 O: (212) 870-2954 * FAX: (212) 870-2499 Roger W. Boer, Esq., Attorney for Christ Community Church Partner, Rhoades, McKee, Boer, Goodrich, & Titta 161 Ottawa Ave. NW, Suite 600, Grand Rapids, MI 49503-2793 O: (616) 235-3500 * FAX: (616) 459-5102 * E-Mail: webmaster@grlaw.com Elder Howard Connell, Past President, Classis Muskegon 2260 Riverwood Dr., Muskegon, MI 49445 H: (616) 744-7594 Rev. Howard Moths, Stated Clerk, Regional Synod of the Great Lakes 2795 Rosewood St., Jenison, MI 49428 O: (616) 669-6690 * H: (616) 669-1983 * E-Mail: HMoths@aol.com Rev. Richard Rhem, Senior Pastor, Christ Community Church 225 East Exchange St., Spring Lake, MI 49456 O: (616) 842-1985 * H: (616) 846-7777 * F: (616) 842-3476 * E-Mail: christcommunity@novagate.com Robert W. Sikkel, Esq., Attorney, for Classis Attorney, Warner, Norcross, & Judd 400 Terrace Plaza, PO Box 900, Muskegon, MI 49443-0900 O: (616) 727-2600 Rev. Steve Smallegan, Stated Clerk, Muskegon Classis 3025 Glenside Blvd., Muskegon, MI 49441 O: (616) 759-3238 * H: (616) 755-8446 * E-Mail: SGLMusk@aol.com Rev. Merwin Van Doornik, Counsel for Appellant 1985 Driftwood Dr., Holland, MI 49424 H: (616) 786-9155 * O: (616) 728-9446 Rev. Sherwin Weener, Synod Minister, Regional Synod of the Great Lakes 4500 - 60th St. SE, Grand Rapids, MI 49512 O: (616) 698-7071 * H: (616) 457-3572 * E-Mail: SGLSherwin@aol.com ---------------------------------------------------------- file: /pub/resources/text/reformed/archive97: nr97-083.txt .