"a ruling in the women's' favor would set a precedent for excommunicated church members of any faith to seek repayment of tithing."

http://www.herald-sun.com/features/religion/61-601886.html

Utah Women Sue Religious Group for Fraud

Apr 27, 2005 : 10:17 pm ET

SALT LAKE CITY -- Two women claim they were bilked out of their life savings by an apocalyptic religious group that promised them land and a face-to-face meeting with Jesus Christ.

Kaziah Hancock and Cindy Stewart earlier won their lawsuit against Jim Harmston and The True and Living Church of Jesus Christ of Saints of The Last Days in a district court, but it was thrown out by a judge.

They appealed to the Utah Court of Appeals on Tuesday.

In the appeal, the women's attorney, Don Redd, argued Harmston and the church should not be allowed to create a "religious cocoon" to protect themselves.

Harmston's attorney, Kevin Bond, said the promises were not to be fulfilled by Harmston, but by God, and that a ruling in the women's' favor would set a precedent for excommunicated church members of any faith to seek repayment of tithing.

The women first sued in 2002, when a jury awarded them $300,000. However, a judge ruled that the damages were unfair, and Redd refiled the lawsuit. A judge then dismissed three of five claims, prompting the appeal and a separate district court lawsuit.

The church -- founded in 1994 by Harmston after his excommunication from The Church of Jesus Christ of Latter-day Saints -- preaches the practice of polygamy as one of its tenets. It made news in 2002 after posting a Web site declaration that the end of the world was at hand and only church members would survive.

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http://deseretnews.com/dn/view/0,1249,600129462,00.html

Doctrine or business?

Lawsuit targets promises of apocalyptic group

By Geoffrey Fattah Deseret Morning News

Was it church doctrine or a doctored-up business deal?

That is what the Utah Court of Appeals must decide in the case of two former members of a Manti-based apocalyptic religious group that espouses the practice of plural marriage.

Kaziah Hancock and Cindy Stewart say they gave large sums of money to The True and Living Church of Jesus Christ of Saints of The Last Days (TLC). Stewart says she gave her life savings, and Hancock says she sold her farm and handed over the cash.

In exchange, the two women allege in a state district court lawsuit, church founder Jim Harmston promised they would be members of the "Church of the Firstborn," would see Christ face to face and would receive "stewardship" of land.

Hancock and Stewart allege none of those promises were kept, including receiving land, and they allege they are victims of fraud and a violation of contract.

During oral arguments Tuesday, an attorney for Harmston and leaders of TLC argued the promises cannot be cause for a lawsuit because they are based on religious doctrine and not a business contract.

"The claims of the plaintiff involve church doctrine," said attorney Kevin Bond.

Bond argued the promises cannot be applied to a legal liability claim because it was not Harmston who was to make good on the promises but, rather, God. Bond argued there was a danger in the court-setting precedent that would allow excommunicated members of other faiths to demand a refund of tithing.

But justices pointed out this situation is different.

"There was a promise and an exchange for benefits," said Appellate Justice William Thorne Jr.

Bond argued there was no promise of specific property and, because it was verbal, Utah law requires a contract involving land to be in writing.

Call it "stewardship" or anything else, "Stewart made a loan and she was supposed to get property back; that's a business dealing," said attorney Don Redd. "They promised these things, and they never intended to keep this promise."

Redd added Harmston and "TLC" cannot create a "religious cocoon" to protect themselves.

In 2002, a jury awarded Hancock and Stewart nearly $300,000 for their claims of fraud, breach of contract and intentional infliction of emotional distress. However, a district judge threw out the verdict, claiming there were too many parties involved in the church to divide up damages. Redd said they re-filed their suit, but the judge dismissed three out of their five claims, which brings the suit to the appellate court.

Redd said if the court rules in coming weeks that the promises were "entangled in doctrine," the pending district court trial will be canceled.

The TLC, founded in 1994 by Harmston after he was ex-communicated from The Church of Jesus Christ of Latter-day Saints, made headlines in 2002 when its Web site declared the end of the world was coming soon and only core members of the church would survive judgment.

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