Date: Wed, 3 Sep 1997 03:56:57 -0400 (EDT) From: Darrell128@aol.com Subject: NR 97094: Muskegon Classis Responds to Christ Community Lawsuit NR #1997-094: Muskegon Classis Responds to Christ Community Lawsuit Acting just before the Labor Day weekend, attorneys for the Reformed Church in America's Muskegon Classis responded to a lawsuit by Christ Community Church of Spring Lake asking the Ottawa County Circuit Court to direct the classis to let the church withdraw from the RCA and pay more than $10,000 in damages. The July 25 lawsuit claimed that the Muskegon Classis is guilty of "breach of contract," "multiple violations of due process," "slander," and "libel" for its treatment of the church's longtime pastor, Rev. Richard Rhem. Rhem, has been under fire for almost two years due to his views on the authority of Scripture and belief that Christ is not necessary for salvation. Less than two weeks after his church sued the classis, classis deposed Rhem from the RCA ministry on charges of "gross sexual misconduct" alleging an affair with a former organist. Classis met again in special closed session on August 26. Speaking on condition of anonymity, delegates said the meeting focused on responding to the lawsuit and deciding how to handle allegations that Rhem's church board failed to properly respond to the sexual misconduct charges. In documents filed with the Circuit Court on August 29, classis denied each major allegation. "Defendants deny that [Christ Community Church] is an independent church," the classis claimed. "Defendants further deny that Richard A. Rhem is a pastor, having been deposed as a minister of the Word on August 5, 1997." NR #1997-094: For Immediate Release Muskegon Classis Responds to Christ Community Lawsuit by Darrell Todd Maurina, Press Officer United Reformed News Service GRAND HAVEN, Mich. (September 2, 1997) -- Acting just before the Labor Day weekend, attorneys for the Reformed Church in America's Muskegon Classis responded to a lawsuit by Christ Community Church of Spring Lake asking the Ottawa County Circuit Court to direct the classis to let the church withdraw from the RCA and pay more than $10,000 in damages. The July 25 lawsuit claimed that the Muskegon Classis is guilty of "breach of contract," "multiple violations of due process," "slander," and "libel" for its treatment of the church's longtime pastor, Rev. Richard Rhem. Rhem, has been under fire for almost two years due to his views on the authority of Scripture and belief that Christ is not necessary for salvation. Less than two weeks after his church sued the classis, classis deposed Rhem from the RCA ministry on charges of "gross sexual misconduct" alleging an affair with a former organist. Classis met again in special closed session on August 26. Speaking on condition of anonymity, delegates said the meeting focused on responding to the lawsuit and deciding how to handle allegations that Rhem's church board failed to properly respond to the sexual misconduct charges. In documents filed with the Circuit Court on August 29, classis denied each major allegation. "Defendants deny that [Christ Community Church] is an independent church," the classis claimed. "Defendants further deny that Richard A. Rhem is a pastor, having been deposed as a minister of the Word on August 5, 1997." Classis also said it didn't slander or libel Rhem by trying him for sexual misconduct. "Defendants deny that the charges were false, as they were proven to be true in a judicatory proceeding," said classis. The key point in Christ Community's lawsuit is its claim that classis, by voting to allow the church to leave but not requiring its executive officers to sign the separation agreement after the alleged victim of sexual misconduct appealed to the regional synod, committed a breach of contract. Classis responded that such claims are banned by the United States and Michigan constitutions and that the civil court lacks jurisdiction in the case. In line with prior policy, classis president Rev. Mark Nieuwsma declined comment beyond the text of the civil lawsuit. "We want to do what's in the best interests of the church of Jesus Christ, and at this point we feel this is the best way to proceed," said Nieuwsma. Spokesmen for Christ Community Church could not be reached for comment. According to Roger Swets, a Grand Rapids attorney specializing in assisting churches with denominational affiliation and other corporate issues, the Christ Community case raises serious legal questions and could set a precedent for Michigan church law. "Without finding one way or the other, I think there are some plausible factual and legal questions," said Swets. "Clearly this case would provide the opportunity to make precedent as to when a presbyterian denomination has completed contractual negotiations. The rules set down by the court in this case would guide any further decisions made by a presbyterian body." Part of the RCA problem is that denominational general secretary Rev. Wesley Granberg-Michaelson, citing provisions of the RCA book of church order, has argued that denominational rules prohibit the RCA from letting churches become independent and only allows them to transfer to other denominations. "A church corporation cannot enter into an agreement that violates its charter, and if the RCA prohibits letting churches become independent that would determine the validity and the binding nature of the contract," said Swets. "The question is whether there in fact was a contract. First they would have to establish there was a contract, then that it was a valid contract under the Book of Church Order, and then that it has been breached. Clearly if there was a contract it has been breached; if in fact there was a contract, it would be a valid action of the court to require specific performance." "The idea of transferring to independency is completely foreign to the Reformed Church in America," said Rev. Patrick Shetler, overtures and judicial business committee chairman of the RCA's Regional Synod of the Great Lakes. "Granberg-Michaelson's rather famous remark about 'making a mockery of our polity' applies right there," said Shetler, who cautioned that the classis ought not be blamed for trying to find a compromise. "The Book of Church Order is not intended to be a restrictive document, it's supposed to be a guide for us to follow, and this was an extremely difficult situation from the beginning. The original writers of the Book of Church Order never anticipated a lot of the things we've run into in the last couple of years." Swets also warned that the civil courts did have the right to evaluate the former church organist's sexual misconduct charges. "If it came to trial, the court would have to consider the truthfulness because if they are false the RCA could have liability for reporting libel," said Swets. 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 #1997-080: Muskegon Classis Seeks to Avoid Media Expose; Votes to Try Rhem on "Gross Sexual Misconduct" Charges #1997-083: Christ Community Church Sues RCA Classis; Asks Civil Court to Order Classis to Let Church Depart with its Property #1997-086: Reformed Church in America's Muskegon Classis Finds Rev. Richard Rhem Guilty of "Gross Sexual Misconduct" 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 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. Mark Nieuwsma, President, Muskegon Classis 704 South De Spelder, Grand Haven, MI 49417 O: (616) 842-4170 * H: (616) 842-2984 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 Rev. Patrick Shetler, Chairman, Great Lakes Synod Overtures and Judicial Business Committee 271 E. State Rd., PO Box 365, Grant, MI 49327 O: (616) 834-8668 * H: (616) 834-7246 * E-Mail: grantreformedchurch@worldnet.att.net 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 Roger Swets, Attorney, Law Weathers & Richardson 800 Bridgewater Place, Grand Rapids, MI 49546 O: (616) 459-1171 * FAX: (616) 732-1740 Rev. Merwin (Mike) Van Doornik, Counsel for Appellant 1985 Driftwood Dr., Holland, MI 49424 H: (616) 786-9155 * O: (616) 744-4781 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: nr97-094.txt .