A Washington County judge heard arguments yesterday on whether he has the authority to resolve a property dispute between Washington Presbytery and most former members of Peters Creek United Presbyterian Church, who voted in November to leave the Presbyterian Church (USA) for the more theologically conservative Evangelical Presbyterian Church.

Citing a clause in the Presbyterian Church (USA) constitution, the presbytery says that the property must remain with the denomination unless the presbytery decides otherwise. It has declared that a minority who chose to remain with the Presbyterian Church (USA) are the "true church."

About a dozen of those members attended a hearing yesterday before Common Pleas Judge Paul Pozonsky and have hired their own attorney, although they have not yet been granted standing in the case between the presbytery and the majority from the Peters Creek congregation.

The hearing began more than an hour late because Judge Pozonsky made a second attempt to get the parties to settle, as was done in an Allegheny County case involving Memorial Park Presbyterian Church in McCandless and the Pittsburgh Presbytery.

"There doesn't appear to be any middle ground that is acceptable," Judge Pozonsky said as the hearing commenced.

Stephen Marriner, the attorney for Washington Presbytery, argued that the judge must allow the denomination to use its own laws and practices to resolve the property dispute, and that the civil court could intervene only to enforce the decisions of Washington Presbytery.

He noted that a U.S. Supreme Court decision from 1979, which awarded property to the departing congregation, advised denominations to add trust clauses to their constitutions if they wanted to ensure that the property remained with the denomination, and that the Presbyterian Church (USA) had done so.

In response to sharp questioning from Judge Pozonsky, Mr. Marriner said he was asking the judge to refer the matter to Washington Presbytery, where the church's constitution provided "a complete dispute resolution system."

According to Mr. Marriner, Peters Creek United Presbyterian Church in 2001 adopted bylaws in which it agreed to be bound by the Book of Order.

"There cannot be a more clear statement of their acceptance of the jurisdiction of the Presbyterian Church (USA)," Mr. Marriner said. "The bylaws and their actions contractually bind them. You need to apply regular contract law to their actions."

Such contract law, he said, required the judge to send it to the presbytery for resolution.

Andrea Geraghty, attorney for the majority who joined the Evangelical Presbyterian Church, countered that the Book of Order does not say its process is the only way to resolve disputes. She cited several cases in which civil courts had decided property cases similar to that of Peters Creek.

She also challenged the assertion that the Peters Creek congregation was bound to obey the rules of the Presbyterian Church (USA), pointing out that its charter was for the former United Presbyterian Church of North America, an evangelical predecessor of the Presbyterian Church (USA) that merged into another of its predecessors in 1958.

"The charter says the church will [follow] ... the faith, doctrine, discipline and usage of the United Presbyterian Church of North America. It doesn't say the faith, doctrine, discipline and usage of the Presbyterian Church (USA)," she said. "The reason churches disaffiliate is because the congregations determine that the denomination is not following the faith, doctrine, discipline and usage that the congregation is following."

Judge Pozonsky did not say when he would rule on whether the case would go forward.

Ray Peterson, an elder and spokesman for the majority congregation, was pleased with what he heard in court.

"It basically went all our way," he said.

Richard St. Clair, a member of the minority congregation, said it was difficult for a nonlawyer to judge the legal arguments.

"I heard two arguments that were convincing, one from each side," he said. "But I'm pleased that the presbytery and its attorney are coming to support one of its churches that is in need of support."