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Supreme Court overturns area church shakeup

KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 6 months AGO
by KEITH KINNAIRD
News Editor | January 3, 2017 12:00 AM

SPIRIT LAKE — The Idaho Supreme Court is overturning a lower court ruling which affirmed the election of church leadership at New Life Missions in 2010.

The state’s high court ruled Friday that a senior pastor was improperly appointed and that a member of New Life’s board of directors was not authorized to call a special meeting which effected the change in leadership.

The struggle dates back to the departure of a senior pastor and discord over plans to merge with another church.

Bob Newman was appointed senior pastor after expressing an interest in serving in the position, although the board of directors never conducted a formal vote on the move, according to court documents.

Church members did not respond favorably to the proposed merger. Board member Tim Dolph advised members that the board had approved the merger, although it had not been voted upon by members, the supreme court observed. Dolph and fellow board member Duane Kemmer allegedly resigned from the board by absenting themselves from meetings.

Board member Ruth Smith, ostensibly the only remaining member, called a special meeting which resulted in the election of Smith, Newman and Phyllis Miller as directors.

Dolph and Kemmer sued, but a 1st District judge ruled that the new leadership was properly installed.

On appeal, Dolph and Kemmer challenged the validity of Newman’s appointment, in addition to validity of the special meeting which effected the change in board leadership.

Supreme Court Justice Roger Burdick ruled that Newman was never properly appointed because it was never put to a formal vote. Burdick held that Newman’s interest in the position did not satisfy the nonprofit’s bylaws.

“This is not sufficient evidence for a finding that Newman was properly appointed as senior pastor,” Burdick said in the eight-page opinion.

Burdick further held that Kemmer and Dolph never formally resigned and the vote on the new board members was invalid because a membership roster, as required by the bylaws, did not exist prior to the special meeting in which new directors were elected.

As of April 2016, Newman was listed as the board’s president and Smith was listed as the board’s treasurer, according to Idaho Secretary of State records.

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