Beech Tree News Network

Update 6/4/13: A Quit Claim Deed has been filed in the Butler County Clerk's office settling the dispute between David Whittinghill and Temple Hill General Baptist Church.  The Whittinghills, David and Linda, deeded the 0.55 acre tract of land located at 10352 Brownsville Road to the Trustees for Temple Hill General Baptist Church. 

According to the deed that for and in consideration of the Agreed Judgement Quieting Title and Establishing Boundary Lines as set out in Butler Circuit Court, Civil Action No. 12-CI-0169, the deed was made. The fair market value of the property is listed as $63,000.

Original Story: Local magistrate, congregation square off  over church property

A land dispute has a local politician and a church group at odds in a dispute that may have to be settled by a court. 

Fourth District Magistrate David Whittinghill and members of the congregation of Temple Hill General Baptist Church are both claiming the same piece of property in northeast Butler County.  The property in question is the former home of Temple Hill Baptist Church, located on Brownsville Road. A few years ago the church relocated across that same road into the old Fourth District School building. On Monday night , August 27, it was Brownsville Road that separated the two groups as tempers flared, resulting in the Butler County Sheriff’s deputy being called to the scene.

According to members of the congregation, Whittinghill had placed "NO TRESPASSING" signs on the property the previous Friday.  Church members Darrell and Naomi Lucas went to the former church, which is used for storage, on Sunday to retrieve items from the church for a benefit being held for a local cancer patient - an event being sponsored by Temple Hill General Baptist Church.  

“We were confronted by Whittinghill and told to get the hell off his property,” said Naomi Lucas. 

Over 20 members of the church gathered on Monday night to get more items from the former church for the benefit.   Whittinghill parked  his tractor in front of the church door in an apparent attempt to block the entrance.  Church members responded by calling the Butler County Sheriff's Department.  Deputy Chris Reneer responded. The church members expressed their concerns about Whittinghill’s actions.

“The church owns that property; we use it for storage, mow it, pay the insurance on it and have a mortgage on the property,” said Darrell Lucas.

Deputy Reneer spoke with the church members and reviewed a copy of the deed (dated 1951) to the land in question, along with a title opinion (dated 2007).

Whittinghill was sitting in his tractor in front of the former church when Deputy Reneer arrived.  Whittinghill’s wife, Linda, produced a copy of the same deed dated 1951, as well.  Whittinghill said the land belonged to his aunt and uncle but that he purchased the land in 1999 when sold by the Master Commissioner as a result of an estate settlement.

“They are not using the building as a church and have pulled the electric service,” said

Whittinghill. “I placed the "NO TRESPASSING" signs on the property on Friday,” added Whittinghill.    

When asked what prompted the signs, since he claims ownership since 1999, Whittinghill stated the church was talking about putting a treatment center for men in the building.  He also stated that he has contacted an attorney regarding the matter.

Church members acknowledged that the building had been considered by People Who Care (PWC) Ministries for a mens' treatment program similar to Andrea’s Mission but that was no longer a consideration.

Deputy Reneer explained to both church members and Whittinghill that this dispute was a civil matter that would have to be resolved in court.

The deed in question is dated March 6, 1951, between Lester Woodcock and the Trustees of Temple Hill General Baptist Church, Willard Whittinghill, J.E. Snodgrass and W.I. Phelps, contains the following clause:

 It is agreed and understood that this plot of land shall belong to the church as long as it is used for church purposes but if it should cease to be used as such it will revert to the grantors, their heirs and assigns.

 The property of the late Lester and Nellie Woodcock was sold by the Master Commissioner of Butler County, Richard J. Deye, as the settlement of Civil Action No. 98-CI-00111 in 1999. Whittinghill and wife Linda purchased the property.  The deed contains the following clause:

THERE IS EXCEPTED AND NOT CONVEYED HEREIN a tract of land conveyed from Lester Woodcock to Trustees of the Temple Hill General Baptist Church, Willard Whittinghill, J.E. Snodgrass and W.I. Phelps.

Followed by a description of the land and the following statement:

This property is subject to a right of reversion as set forth in the above referenced deed such that if the property ever ceases to be used for church purposes, the property will revert to the owners of the parent tract as they exist at the time of reversion.

A title opinion was given in 2007 by Richard J. Deye, Attorney, and contained the following statements in reference to the reversionary clause from the 1951 deed:

Pursuant to KRS 381.221 that if the reverter clause was created prior to July 1, 1960 it shall cease to be valid or enforceable at the expiration of thirty (30) years, after the effective date of the instrument creating it, unless before July 1, 1965 a declaration of intention to preserve is filed with the county clerk.

The undersigned attorney has made a review of the records of the office of the Butler County Clerk under the name of the grantor, Lester Woodcock and the grantee, Temple Hill General Baptist and has found no declaration of intention to preserve.

It is the opinion of the undersigned attorney that the above named owners (Temple Hill Baptist Church) have a good and marketable title to the property.

The church used this title opinion to secure a mortgage on the property when purchasing the new property.

At this time no court actions have been filed.