Miller v. Board of TRUSTEES of Second Baptist Church of Starkville, MS

Location: Court of Appeals of Mississippi

Description: The Board of Trustees of the Second Baptist Church of Starkville, MS sued their Pastor for approving a construction project. The project was a new sanctuary that the Board objected to due to the estimated cost of the project. They asserted it was not within the church’s budget, so the pastor changed contractors to adapt. The Trustees still voiced objections, but Pastor Stone approved the contract with only one board member’s signature and removed the other Board member’s names from the signature page of the contract. The pastor continued pursuing a loan and the Trustee's sought a temporary restraining order (TRO) to keep the pastor from spending any more church money. The Trustees held a vote in the congregation on whether to sue the construction company and the pastor, which the majority of the SBC congregation voted against. The Trustees argued they had the authority without the vote of the congregation to pursue the lawsuit. The key question in this case is whether the Trustee’s had the right to sue Pastor Stone against the congregation's vote. The court ruled that the board of Trustees lacked the authority to maintain the lawsuit.

Impact:

• A church board of Trustees working within a limited budget decided against a construction project and fought to restrict the pastor’s wishes. However, because the Board of Trustees held a vote within the congregation, in which the majority of the congregation voted against legal action, the Trustees lacked the authority to maintain the lawsuit against their pastor by the bylaws and constitution within the church.

• This case deals with the constitutional documents and internal procedures of building projects. It presents the issue of authority within a church body, among the SBC denomination, on whether the Board of Trustees can act against the congregation’s wishes on their own authority. They cannot.