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Churches may now incorporate in West Virginia

Churches may now incorporate in West Virginia

Churches may now incorporate in West Virginia

In one of the more unusual cases of the year, churches in West Virginia have regained the right to incorporate under state law, apparently the last state in the nation to confirm that right. Hope Community Church, an unincorporated nonprofit corporation, filed suit in the federal District Court seeking a declaratory judgment that the provision of the state constitution prohibiting incorporation was unconstitutional under the First Amendment of the U.S. Constitution. It also sought an injunction against its enforcement. The State filed an answer but did not oppose the Church’s motion for summary judgment. The Court said, however, that the parties’ agreement on the outcome did not bind the...

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