Ebenezer Chapel, Inc. v. Walter R. Oliver

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Superior Court of Connecticut.

Ebenezer Chapel, Inc. v. Walter R. Oliver

CV116017084S

-- May 16, 2011

MEMORANDUM OF DECISION

The plaintiff Ebenezer Chapel Inc. a non-stock corporation which is the owner of a church building located at 50–56 Dwight Street in New Haven has commenced this action to obtain an injunction relating to the defendant.

The evidence presented at the hearing for a temporary injunction has established the Reverend Joseph H. Oliver is the Pastor of the church.   The defendant Walter R. Oliver is a nephew of the Pastor, and he is a practicing clergy man of another church located at a different location in Connecticut.   The defendant's father was the Pastor of the congregation prior to his death when Pastor Joseph H. Oliver was named as the successor to the defendant's father.

On December 17, 2010 at a service being conducted by Pastor Joseph Oliver the defendant during the service interfered with the proceeding by attempting entry to the altar and the pulpit which created a disturbance.   When parishioners then removed the defendant he then called the police which then resulted in a further disturbance.

The defendant at this hearing claimed that although he was not a member of the church he had the right to conduct himself in that manner as a clergy man as well as his family relationship to that church.

Subsequent to December 17, 2010 defendant again came back and created further disturbances during services and he again called police resulting in further disruption of the proceedings by the Pastor.

The actions of the defendant were intentional interferences with the peaceful conduct of the church services which will continue to cause irreparable harm to the plaintiff in the future.

For the foregoing reasons this court grants a temporary injunction and it is hereby ordered that defendant is prohibited from entering or attempting to enter onto the altar area of Ebenezer Church when religious services are being conducted by Reverend Joseph H. Oliver the Pastor of that church.

Howard F. Zoarski, J.T.R.

Zoarski, Howard F., J.T.R.

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