JEFFERSON CITY, Mo. (ABP) — The Missouri Baptist Foundation is appealing a judge's decision to return control of the agency to the Missouri Baptist Convention. The Foundation filed a notice of appeal to the Missouri Court of Appeals on Feb. 8.
Foundation lawyers argued in the notice that a partial summary judgment former Cole County Circuit Court Judge Paul Wilson issued on Dec. 31 should not be declared final. The Foundation denies it violated Missouri law or the convention's rights when it amended its charter in 2001 to form a self-electing trustee board.
In December, Judge Wilson ruled in the convention's favor, saying the Foundation lacked authority to file amendments to its charter without convention approval. Judge Byron Kinder issued a stay on on that order Jan. 26 so that it could be appealed, perhaps ultimately to the state Supreme Court.
If allowed to stand, Judge Wilson's ruling would require the Foundation to return to its 1994 charter and articles of incorporation. Trustees not elected under those provisions would have to give up their seats.
The Foundation was one of five formerly affiliated agencies the convention sued in 2002 seeking to regain control after they moved to self-perpetuating trustee boards.
Windermere Baptist Conference Center won its case in Cole County on March 4, 2008, with the ruling upheld by the Missouri Court of Appeals on Feb. 18, 2009. A second lawsuit the convention filed against Windermere in Camden County is ongoing.
The convention voluntarily dropped its case against the Baptist newspaper Word and Way on April 23 last year.
Legal action against the Missouri Baptist University and The Baptist Home is pending.
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Vicki Brown is associate editor of Word and Way.