CAMDENTON, Mo. (ABP) — A county judge has dismissed a Missouri Baptist Convention lawsuit against Windermere Baptist Conference Center and several financial institutions and individuals.
The move comes just weeks after another blow to the convention’s efforts to regain control over Windermere and a handful of other institutions that formerly were affiliated with the conservative-dominated MBC.
Camden County, Mo., Circuit Judge Kenneth Hayden handed down the ruling April 9. It ends a suit that Missouri Baptist Convention officials filed in 2006 in an effort to stop all land transactions at Windermere pending the outcome of a separate case that involved Windermere and the other convention-related agencies.
Hayden ruled that the issues included in the Camden County case mirror the separate suit filed in Cole County, where the convention’s Jefferson City, Mo., headquarters are located. Cole County Judge Richard Callahan ruled March 4, 2008, that Windermere acted legally when it changed its articles of incorporation to allow a self-electing board of trustees. A three-judge appellate panel upheld Callahan’s ruling Feb. 3.
On March 31, the appellate court refused to rehear the case and refused to transfer it to the Missouri Supreme Court. According to news reports, MBC lead attorney Michael Whitehead expects to file a request by April 14 directly to the high court to consider the case.
“We’re delighted with the judge’s order. The lawsuit should never have been brought,” noted Windermere lead attorney Jim Shoemake.
The lawyer added Windermere is “exploring” its own legal options. The MBC has until May 19 to appeal Hayden’s ruling.
In a written statement released April 13, Windermere Chief Executive Officer Dan Bench urged the convention to discontinue its legal maneuvering.
“In these economic times, it is particularly disappointing that the MBC would continue to waste money on a losing legal battle instead of helping people in need,” Bench said. “We pray no additional money, energy or time will be wasted by further litigation efforts. Instead, we hope MBC leaders will join us in helping fulfill the Great Commission.”
Through the Camden County suit, the convention sought to rescind the deed and reclaim all land, including 943 acres Windermere transferred to National City Bank of Cincinnati in late 2005 as part of a debt-restructuring plan. The bank sold the property to Windermere Development Co. Inc., owned by William Jester of Springfield, Mo.
The judge’s April 9 order dismissed action against all defendants in the case except former MBC Executive Director Jim Hill. The convention has accused Hill of fraud, alleging the former director conspired with Windermere to give its trustees control of the center’s real estate.
Hill noted his attorneys will file additional documents with the Camden County court within the next few days, and he expects the MBC’s case against him to be dismissed as well.
In August 2002, the MBC filed legal action against Windermere, the Baptist Home retirement-home system, Missouri Baptist University, the Missouri Baptist Foundation and the historic Missouri Baptist newspaper Word & Way. The convention attempted to regain the power to appoint trustees of the agencies, after each agency’s trustees changed their corporate charters to begin appointing their own successors.
The move came after an ultra-conservative faction won a long battle with moderates and centrists for control over the convention. Word & Way and Associated Baptist Press are involved, along with two other statewide Baptist newspapers and other institutions, in a publishing patnership called New Voice Media.
The MBC’s case against the other four entities has been suspended pending the outcome of the convention’s appeal in the Windermere case. No dates have yet been set for those hearings.
A hearing had been set in Camden County for April 14 on an MBC motion to dismiss a counterclaim Jester filed against the convention. That hearing has been postponed at the request of MBC attorneys.
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Vicki Brown is Missouri-based freelance journalist who serves as a Word & Way correspondent.
Related ABP stories
Mo. appeals court refuses to rehear convention suit against Windermere (3/31)
Appeals court sides with Missouri Baptist conference center (2/3)