Summary judgment sought in Kirk of the Hills case
By Patrick Jean Staff Writer
The Layman Online
Thursday, February 1, 2007

A lawyer for Kirk of the Hills Presbyterian Church in Tulsa, Okla., is seeking a summary judgment for the church in its property ownership lawsuit against Eastern Oklahoma Presbytery and the Presbyterian Church (USA).

Attorney John O'Connor filed the motion Jan. 22 in Tulsa County District Court. The presbytery and denomination were served the same day and have 15 days to respond, but O'Connor expects them to ask the court for up to 30 days.

The church then would have an opportunity to file a reply or rebuttal. "We expect the judge will want to have a hearing within 30 days of the filing of our reply or rebuttal," O'Connor said.

That would put the hearing date around mid-April. O'Connor anticipates Judge Jefferson D. "Jeff" Sellers will apply Oklahoma law and decide the case himself rather than defer to the decision of the presbytery's Administrative Commission, which is looking into the issue separately.

The judge also could move the case to trial, said Tom Gray, co-pastor of Kirk of the Hills. A trial could take up to two years, he said.Decision expected by mid-April the rest