LDS Church prevails as federal appeals court tosses out James Huntsman’s tithing lawsuit
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The 9th U.S. Circuit Court of Appeals finds “no reasonable juror” would believe allegations that the faith misrepresented how it spent money on City Creek Center.
An appeals court has thrown out Utahn James Huntsman’s fraud lawsuit against The Church of Jesus Christ of Latter-day Saints over millions of dollars in tithing.
In a unanimous ruling, the 9th U.S. Circuit Court of Appeals found “no reasonable juror” could have concluded that the Utah-based faith misrepresented the source of funds it used to spend $1.4 billion on the building and development of City Creek Center, a church-owned mall and residential towers in downtown Salt Lake City.
“The church had long explained that the sources of the reserve funds included tithing funds,” according to an opinion summary issued Friday by the 9th Circuit, “and Huntsman had not presented evidence that the church did anything other than what it said it would do.”
Huntsman, while living in California, sued the church in 2021, alleging he was fraudulently misled into donating to the faith by statements from church leaders, including then-President Gordon B. Hinckley, that no tithing would be used on commercial projects.
“Although the church stated that no tithing funds would be used to fund City Creek,” the court’s majority opinion said, “it also clarified that earnings on invested reserve funds would be used.”
The California-based appellate judges agreed 11-0 that Huntsman hadn’t proved fraud under that state’s statute and that his lawsuit should be dismissed, but they split on what bearing the U.S. Constitution’s protections for religion had on the case and where courts might be forbidden from probing.
Friday’s ruling dismissing Huntsman’s case, in effect, reaffirms a lower court’s decision in September 2021 that tossed the case on summary judgment, without letting it go to trial.
It was not immediately clear Friday whether Huntsman, a brother of former Utah Gov. Jon Huntsman, would appeal the ruling to the U.S. Supreme Court, which appeared to be his only remaining legal avenue after two dismissals of his case in four years.
The 63-page set of opinions is all but sure to resonate in other tithing lawsuits pending against the worldwide faith, as well.
Reached Friday via text, James Huntsman withheld initial comment while his legal team dug into the latest decision.
Content retrieved from: https://www.sltrib.com/religion/2025/01/31/alert-lds-church-prevails-federal/.
