Public hearing on April 9 in Belfast, Maine could impact other East Coast churches

Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466

Detroit— April 8, 2025 — Local churches are turning to litigation as they seek to separate from the United Methodist Church, according to Daniel Dalton, a founding partner of the Detroit-based law firm Dalton & Tomich. The deadline for amicable separation ended on December 31, 2023. The firm practices nationally in areas such as church trust clauses, religious land use, and the federal Religious Land Use & Institutionalized Persons Act (RLUIPA), having successfully represented over 1,000 local churches throughout the United Methodist disaffiliation process.

On April 9, 2025, Dalton will seek summary judgment for his client, Unity Union Church Association in Unity, Maine, which is defending a lawsuit by the Northeastern Conference of the United Methodist Church who wants to take Union Church Association’s property by virtue of a “Trust Clause” within the Methodist Book of Discipline.

“The outcome on April 9 could pave the way for other local churches who wish to leave the United Methodist Church – or other mainline denominations with a trust clause – and retain their properties while remaining viable as independent congregations,” Dalton said.

Unity Union was incorporated on June 10, 1949. Its articles of incorporation, constitution, and the property deeds of Unity Union make no reference to the United Methodist Church, the Northeastern Annual Conference of the United Methodist Church, or the Book of Discipline with its “Trust Clause.”  Rather, to ensure that the Association would remain in perpetuity as a “Union Church, as it was intended, and not tied to any particular denomination,” the Association’s constitution states:

  • The objective of the Association shall be to hold and maintain the real property of the Unity Union Church Association in the Town of Unity, Maine, in perpetuity.
  • The purpose of the Association is to ensure the continuation of religious services in Unity Union Church and further, that the use of the church building by any denomination shall be subject to the approval of the members of the Association at any meeting.
  • Any person who is a member of Unity Union Church is a member of the Association.
  • The Board of Trustees shall have the responsibility for the supervision, oversight, and care of the church property subject only to [provision 2 above].

Nevertheless, the Northeastern Conference of the United Methodist Church has sued Unity Union to close the church and take its real and personal property.

New England states like Maine have a long history of meetinghouses hosting religious services for various religious sects. This phenomenon originated because the building was owned by a separate organization from the local church, which then sold pew ownership to individuals. The tradition of separating ownership of the physical church building from the church providing services predates the American Revolution. This practice was so influential that Maine dedicated an entire subchapter to outlining the rights of pew owners and, importantly, how a parish can acquire ownership of the church building from the pew owners.

The United States Supreme Court has held that state courts have jurisdiction to hear religious property disputes and has left it to state courts to determine the parameters of the decision-making process. Most states provide a framework for local churches to leave and retain property.

“According to the data published by the United Methodist General Council of Finance and Administration, as of March 2024, 32.33% of all United Methodist Church – representing 9,640 of the 29,919 local churches of the United Methodist Church denomination in the United States – left the denomination since 2019,” Dalton said. “With the opportunity for permissive disaffiliation past, local churches prevented from leaving by their annual conference are left with litigation as the only option to leave the denomination with their church property.”

About Dalton & Tomich

Detroit-based Dalton & Tomich PLC is a versatile law firm representing property owners in site plan approvals, zoning appeals and land use disputes involving zoning, easements, boundary line disputes and access to water. The firm also works with lending institutions and privately held businesses and nonprofits, often in a general counsel capacity. Further, serving as a partner to religious organizations, Dalton & Tomich is a national leader in religious property law land use, notably with cases related to the Religious Land Use and Institutionalized Persons Act (RLUIPA) and denominational splits. Learn more about our services for businesses and religious organizations at https://www.daltontomich.com/.

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