Congregation suing district after its home is sold

When the church locks were changed on a summer's day two years ago, Zhen Xue and the other congregants were dumbfounded. After all, the Chinese Alliance Church parish owned the Colorado Springs property and had money in the bank to keep it running.

Two days later, on July 2, 2006, the congregation got the explanation: Leaders of the MidAmerica District of the Christian & Missionary Alliance said they were shutting down the church because church membership, and thus donations, had fallen. The district later sold the storefront property to a karate studio for nearly $500,000, records show, and used the money to invest in other C&MA properties.

"I keep praying and asking God why they took our church," Xue, who is 75 and speaks Mandarin, said through a translator. "We can't understand why they took it."

The Chinese congregation is suing C&MA, based in Colorado Springs, and its MidAmerica District in Nebraska to take back the property and the $17,845 the denomination confiscated from the church's bank account.

The crux of the case is a dispute over terminology: Was the Chinese church an "affiliated" or "accredited" member of the MidAmerica District? According to C&MA bylaws, accredited churches can lose their property and assets under certain circumstances, but affiliated churches can't.

"The local church was an accredited church of the denomination and agreed to be bound by the denomination's constitution and rules," C&MA attorney Brent Rychener said.

But Marv Gardner, who helped the congregation form 28 years ago, contends the church was an affiliate, and believes the denomination took advantage of a parish made up mostly of elderly Chinese who haven't assimilated to American culture and speak only Cantonese or Mandarin, or understand English as a second language.

"It was a railroad job," Gardner said. "We feel that a wrong has been committed."

Declining membership

In 1980, a few dozen Chinese immigrants in Colorado Springs formed an independent evangelical church and held their services at various locations throughout town.

Ten years later, the congregation sought guidance from the MidAmerica District of the C&MA, an evangelical denomination with 2,000 U.S. churches, including 72 Chinese congregations. Congregants say the relationship began because the denomination was doing missionary work in China and overseeing Chinese churches in America, but it was Mid-America District, not the Colorado Springs headquarters, that was overseeing the Springs church.

By 1994, average weekly attendance at the church had increased to 90, MidAmerica District records show. That year the Chinese parish purchased church property in a storefront complex at 3617 Betty Drive, near Austin Bluffs Parkway and North Academy Boulevard, and adopted the name Chinese Alliance Church of Colorado Springs. The congregation financed the property through an agent of C&MA, and by 2002 had paid off all property loans.

But the tie to C&MA's Mid-America District continued. Each month from 1994 to June 2006, the Chinese church gave 5 percent of its donations to the district, and ministers licensed by C&MA served as pastors at the church.

The beginning of the end came in the wake of the dotcom crash, when members who had lost technology jobs moved out of state. By 2001, average weekly attendance had dwindled to 30.

Five years later, the Mid-America District downgraded the Chinese Alliance Church to "developing" status in March 2006. According to C&MA bylaws, that meant the district could take control of the church operations and property.

The Rev. Abraham Poon, president of an arm of the C&MA that works with its Chinese worship centers, said the Springs church was closed, in part, because donations fell when members moved away.

Church records, however, indicate a less-than-desperate financial situation. During 2005 the church was in the black by $2,872; from January to June 2006, it was in the red by $282 because, according to founding member Jennie Hu, the MidAmerica District had reduced services, which decreased donations. But the church still had money in its bank account to pay its debts and other future bills.

"We could have survived two more years," Hu said.

Nevertheless, on June 30, 2006, the MidAmerica District changed the church locks, and on July 2, the congregation was told the church was closing.

Parishioners requested the return of their Chinese Bibles and other Christian books. Keith Wong, a former church board member, said district leaders told the congregation it would have to either buy the materials back or establish a new state nonproffit, to which C&MA could donate the materials.

Weeks later, Wong walked past the Betty Drive property.

"I saw the Chinese literature in the Dumpster," he said.

Accredited or affiliated?

The Chinese congregation claims it was not "accredited" but "affiliated" with C&MA. It's an important distinction: An affiliated church remains independent of C&MA and would not be subject to the reversionary clause that MidAmerica District cited to take control of church property.

David Burford, attorney for the Chinese congregation, said that everything about the church indicates it was an independent entity: It had a governing body, a budget and owned its property, having paid $248,000, including finance charges, for the worship-center complex, church records show.

"We had the right to convey our property away or purchase new property without any consent from the C&MA denomination," Burford said.

Also, he noted that accredited C&MA churches sign a document attesting to the designation, but no document has been found. C&MA attorney Rychener declined to say if the document exists.

"They downgraded the church solely to obtain title to the property so they could sell it and use the money for other ministries," Burford said.

Gardner says the district took advantage of the Chinese congregation because language and cultural barriers prevented members from understanding their relationship to C&MA.

C&MA, which also oversees Vietnamese, Hmong and Cambodian parishes, disputes the charge.

"We have a lot of ethnic churches," said Dan Wetzel, assistant vice president of church ministries at C&MA. "We conduct services in at least 32 languages. You don't do that without understanding the complexity of working with people who have English as a second language."

Although C&MA routinely closes 30 to 40 churches annually for similar reasons, it appears that no other congregations have sued to regain church property or confiscated assets.

Moving on

Lawyers on both sides are sifting through C&MA and Chinese church documents to develop strategies that could be used in a trial that might begin as early as next spring.

In the meantime, the Chinese congregation has tried to move on. Members have renamed themselves the Chinese Church of Colorado Springs and re-registered as an independent religious nonprofft.

The 20 or so congregants meet at Garden Ranch Baptist Church, 3830 Van Teylingen Drive, one block from their former church location. Garden Ranch allows the parish to meet for free. The congregation has no pastor, so services are led by guest speakers and parish members.

Although more than two years have passed since the Chinese church on Betty Drive closed, most congregants remain bewildered by C&MA.

"To this day," Xue said through a translator, "I don't understand why they did this to us."

CONTACT THE WRITER: 636-0367 or mark.barna@gazette.com.

TIMELINE

1980: Chinese immigrants establish the Chinese Fellowship Church.

June 3, 1990: Church forms a relationship with the MidAmerica District of the Christian & Missionary Alliance. According to C&MA, the Chinese church becomes an "accredited" member of the denomination. Soon after, the church renames itself the Chinese Alliance Church of Colorado Springs.

Feb. 7, 1992: The Chinese Alliance Church is incorporated as a state nonprofit.

Oct. 24, 1994: The church purchases property for a worship center at 3617 Betty Drive, financing the amount through an agent of C&MA.

June 2002: After taking out a second property loan through a C&MA agent, the congregation pays off its mortgage. According to the church, the amount, including finance charges, is $248,000.

March 27, 2006: The MidAmerica District downgrades the Chinese Alliance Church to "developing" status, which, according to church bylaws, means the district has governing authority over the church and its property.

June 30, 2006: The district changes locks on the church doors.

July 2, 2006: The district informs the Chinese congregation that the church is closing.

July 8, 2006: Chinese congregation renames itself the Colorado Springs Chinese Christian Church.

April 8, 2007: Congregation registers as a state nonprofit.

Feb. 28, 2008: C&MA sells the property at Betty Drive for about $500,000 to a buyer who operates a karate studio.

Early 2008: Chinese congregation files lawsuit against C&MA and the MidAmerica District.

Gazette research

ABOUT C&MA

Founded in 1881, the Christian & Missionary Alliance is both a denomination, overseeing 2,000 U.S. churches with more than 415,000 members, and a group of hundreds of missions in 81 countries. It also operates Nyack College, a Christian liberal arts institution, and the Alliance Theological Seminary, both in Nyack, N.Y. Total C&MA assets for the year ending June 30, 2007, were about $843.3 million, an independent audit determined. The organization has headquarters in Colorado Springs.