Judge rules against Colorado City church in property case
 
By Steve Johnson
Mohave Daily News
 
KINGMAN -- Ex-church members can remain on church-owned land or they must be compensated for their house, a superior court judge ruled Thursday afternoon.

The ruling was handed down by Mohave County Superior Court Judge James Chavez after a hearing last week between the Fundamentalist Church of Jesus Christ of Latter-day Saints of Colorado City, and former church members Milton and Lenore Holm.

According to the judge's ruling, a church formed trust, called the United Effort Plan in 1976 gave Milton Holm land in the 200 block of Carling Street to build a house under the condition he remain a faithful follower of the church and its edicts, including polygamy and arranged marriages.

In 2000, Lenore Holm withdrew permission to allow her 16-year-old daughter, Nicole, marry church member Wynn Jessop, an already married man. Shortly after her refusal, the Holms were informed by church officials they were no longer members and to vacate the 6 bedroom, 3 bath 5,000 square-foot home built by Milton.

When the Holms refused to leave, the trust filed for eviction in superior court claiming the Holms were "tenants at will" and not entitled to use of the land after the church rescinded its permission.

A hearing on that matter was held May 15 in Division IV and was attended by media from Utah and Phoenix.

During the hearing, the Holms' represented by attorney George H. McKay of Phoenix, claimed they had "enriched" the church-owned land and were due fair compensation. They also claimed they were being booted from the church and the land because they refused to violate state law prohibiting bigamy and sex with minors.

The trust disputed the claim.

On Thursday, through a minute order, Chavez sided with the Holms and ordered the church's case dismissed.

He also sided with the Holms on the issue of "unjust enrichment."

"Plaintiffs must allow Mr. Holm to retain the residence for his lifetime or pay him just compensation for his investments in the residence," the order read.

Chavez ruled that Lenore Holm's interest in the land is strictly a "community property right," dependent upon her husband's "arrangement" with the church trust.

He did not cite the claims of bigamy and underage sex in his decision, though he noted under case facts that Nicole Holm later married Jessop after she turned 18.

"We're very pleased the judge ruled in our favor," McKay said.

With the decision, his clients are now planning to stay in the home "for a long period of time," he said.

The church, however, is not happy.

"We're disappointed with the outcome. We'll probably appeal, but we're undecided at this point," said attorney Rodney Parker, representing the FLDS trust.

"It leaves some questions as to the obligation of the Holms to maintain the property and pay the property taxes," Parker said.
 
MohaveDailyNews.com
Originally published May 22, 2003
 
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