(Editor's Note: An editing error in the first version of this story — briefly posted May 6 — mischaracterized the appeals court's ruling in the first and second paragraphs. The corrected version is below.)
SPRINGFIELD, Mo. (ABP) — In the latest legal wrangling between the
Missouri Baptist Convention and its former conference center, a state
appeals court has dismissed the convention's appeal on the
fate of land formerly belonging to the center.
Three-judge panel of the Missouri Court of Appeals, Southern District, dismissed an MBC appeal April 30 in its attempt to reclaim acreage that formerly belonged to the Windermere Baptist Conference Center. That means the case returns to Camden County — where Windermere is located. Last year, Camden County Circuit Judge Kenneth Hayden dismissed the case.
Hayden has the option of clarifying his dismissal, or doing nothing.
The MBC is seeking the return of 1,300 acres, which includes 943 acres Windermere transferred to National City Bank of the Midwest in late 2005 as part of a debt-restructuring plan. The bank sold the property to Windermere Development Co. Inc., owned by William R. Jester of Springfield, Mo.
Hayden dismissed the case against the conference center, its attorneys, several financial institutions and Jester more than a year ago. At that time, the judge determined the issues in the Camden County case mirrored legal action the MBC took separately in Cole County — where the convention is headquartered — against Windermere, the Missouri Baptist Foundation, Missouri Baptist University, the Word & Way newspaper and The Baptist Home retirement-home system in 2002.
The convention filed the Cole County case against the five in an effort to rescind changes in each entity’s articles of incorporation that allow each to elect its own trustees. In 2008, Cole County Judge Richard Callahan ruled Windermere had acted legally — a ruling an appeals court upheld in 2009.
In the Camden County lawsuit, the MBC acknowledged the Cole County ruling but claimed it still has a right to the land, charging that Windermere and former MBC Executive Director Jim Hill had acquired the title through fraud. The convention appealed the case on June 30, 2009, and justices heard oral arguments on Jan. 15.
In their April 30 dismissal opinion, appellate justices noted that Judge Hayden had failed to indicate whether his ruling was made “with prejudice” — a final judgment, which could be appealed. If Judge Hayden had ruled “without prejudice,” the convention would have been able to file another lawsuit, instead of appealing his ruling.
In addition, the justices determined the Camden County case could not be appealed because Judge Hayden had not dismissed the part regarding Hill and his firm, RDI Inc.
The appeals court noted that defense claims that the Camden County lawsuit mirrored the Cole County legal action might have been solved if Hayden had allowed MBC attorneys to amend the convention’s original suit. Missouri law does not allow plaintiffs to file multiple lawsuits on the same matter.
The appellate dismissal means the case would be returned to Camden County. Hayden could clarify his ruling as final. Or the convention could file a motion to amend its petition, which, if granted, would require the case to be re-argued in Camden County.
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Vicki Brown is associate editor of the Missouri Baptist Word & Way, which partners with ABP in the New Voice Media network.