The lawsuit filed by Second Baptist Church against the board of trustees of Second Baptist Church of Starkville is being transferred from the 14th Chancery Court District to Oktbbeha County Circuit Court.
Chancery Judge Kenneth Burns of the 14th Chancery Court District signed an order on Monday ordering for the case to be transferred to Oktibbeha County Circuit Court Judge Jim Kitchens.
In a hearing last Tuesday in Lowndes County, the board of trustees requested the transfer of the case, and after listening to arguments from attorneys on both sides, the hearing ended with Burns taking the transfer under consideration.
Second Baptist Church attorney Matt Baldridge said the church is disappointed with the ruling.
"We disagree that our claims should be heard by the circuit court, especially in light of the fact that the circuit court judge denied the church's motion to intervene so the chancery court has ordered our claim to be filed into a case of which we're not a party to," Baldridge said. "So how we go from here, we've got to review our options and decide what's best."
Baldridge said a possible next step for the church will likely involve appealing Burns' order to the Mississippi Supreme Court or filing a motion for reconsideration.
Baldridge said on Tuesday he was in the process of filing a motion requesting written orders from Kitchens outlining orders the judge has made requiring action from the deacons and from the church. So far, the orders have been given by the judge during hearings but not given in writing.
"We're filing a motion asking for the court to put those in writing so that there is no confusion regarding what he is ordering, and also so that we can review our options of appealing those orders," Baldridge said.
The board of trustees' attorney James Helveston said the board is happy with the chancellor's decision to transfer the case.
"The same issues have been litigated in circuit court over the last two years," Helveston said. "It all boils down to a question of whether or not the trustees had the authority to pursue further litigation against the contractor on the construction project."
Helveston said Kitchens has consistently said the trustees had that authority and there is no point in having the same question brought before Burns.
"It's back to Judge Kitchens and we think that's where it needs to be," Helveston said.