Detroit, MI asked in Gov & Administrative Law and Constitutional Law for Michigan

Q: How can we legally enforce a clergyman's removal from our monastery?

Our religious community seeks to replace a resident clergyman who resides in our publicly registered monastery. Over 400 members support his removal, and he has been informed of this petition. While we believe community guidelines allow for replacing him, we're uncertain about the current rules, especially as he may have altered them without consent. He has refused to leave the monastery. How can we legally enforce his removal based on the community's decision?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To begin, you’ll need to review the monastery’s founding documents, bylaws, or any governing agreements registered with public authorities. These documents should outline the process for appointing and removing clergy, as well as who holds the authority to make those decisions. If there’s evidence that rules were changed without community consent, gather any documentation or witness statements to support that claim.

Next, consider whether the clergyman has any legal tenancy rights to the property. If he resides there under an agreement or longstanding custom, his removal may require a formal eviction process. In that case, you’d need to file through your local civil court and demonstrate just cause for the eviction, such as breach of internal regulations or unauthorized changes to governance.

It also helps to formally document the community’s decision—such as signed petitions or meeting minutes—and serve him written notice. If peaceful resolution fails, legal enforcement may come through court order, especially if internal attempts at dialogue and removal procedures were ignored. Engaging a legal advisor with experience in religious organizations or property law would help you navigate this process while respecting both civil law and your community’s values.

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