Suit against church can be refiled

Two women will have a chance to refile their lawsuit against an apocalyptic religious group based in Manti and its leaders.

The Utah Court of Appeals ruled Friday that Kaziah May Hancock and Cindy Stewart, former members of The True and Living Church of Jesus Christ of Saints of The Last Days (TLC), can refile their suit against the group and its founder, James Harmston. Both women allege they gave substantial amounts of money to TLC and Harmston in exchange for "stewardship" over land and a promise that they would meet Jesus Christ face-to-face. Stewart alleges she gave her entire life savings to the group.

Ultimately, both were asked to leave the group and claim the promises of property, and spiritual meeting, were never fulfilled. They sued TLC and in 2002 a jury awarded Hancock and Stewart nearly $300,000 for claims of fraud, breach of contract and intentional infliction of emotional distress. But 6th District Judge David Mower threw out the verdict, finding that there were too many parties associated with TLC to fairly divide up the damages. Two more attempts to refile an amended suit were also denied. Mower ruled the third and last suit was untimely filed and that the court could not judge the church's religious doctrines.

But in Friday's unanimous ruling, the appellate justices found that the suit was timely filed and that the court could rule on "decidedly secular facts."

"Both of the plaintiffs assert that they gave money to the church in exchange for promises of future earthly benefits. Hancock alleges that she was promised land and support; Stewart alleges that she was promised repayment of her retirement funds including the costs and penalties of early withdrawal," the ruling states.

Harmston's attorney, Kevin Bond, has alleged that the deal was made according to the church's doctrine and that the court is barred from ruling on religious doctrine.

Both sides of the case acknowledge that issue could potentially take the case back on appeal.

Bond said he does not mind the appellate court ruling, saying he is prepared to deal with the claims in district court.

The TLC was founded in 1994 by Harmston after he was excommunicated from The Church of Jesus Christ of Latter-day Saints. The group, which espouses the practice of plural marriage, made headlines in 2002 when its Web site declared the end of the world was coming soon, and that only core members would survive judgment.

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