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Court Rejects Appeal, Decrying Trial Tactics, In Dispute Over Sikh Temple Board

By Howard M. Friedman

Brar v. Sedey, (TX App., March 15, 2010), is a lawsuit in which Jasdeep Singh, a member of the board of directors of a non-profit corporation that operates a Sikh Temple, was removed from the board by a vote of fellow board members. Singh sued claiming his removal violated the Temple's bylaws. The trial court granted a temporary injunction finding it likely that Singh would prevail on the merits because less than two-thirds of the board members voted for his removal. Defendants then filed a motion for rehearing and argued the court lacked jurisdiction because deciding the case would unconstitutionally entangle the court in matters of church doctrine. Instead of waiting for a ruling on this jurisdictional defense, defendants appealed the temporary injunction. The court dismissed the appeal, criticizing defendants' litigation tactics. They could have gone to trial in the case 3 months before the appeal was argued, but they instead sought a continuance in order to obtain an interlocutory appellate ruling.

Full post as published by Religion Clause on March 17, 2010 (boomark / email).