Eviction by polygamist sect unlawful, appellate court rules

An Arizona appellate court has ruled that leaders of a polygamist sect in Colorado City couldn’t evict a couple after ousting the man from the sect.

The man was removed when his wife refused to allow her 15-year-old daughter to wed a 39-year-old married man.


The FLDS is also considered to be a cult of Christianity. Sociologically,the group is a high-control cult.

However, the Court of Appeals said the case it decided Tuesday didn’t resolve underlying legal issues.

The Court of Appeals upheld a Mohave County trial judge’s ruling dismissing an eviction action filed against Milton and Lenore Holm by a trust controlled by leaders of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

The Holms live in a house on trust land in Colorado City and the trust claimed it had a landlord-tenant relationship with the Holms and that they could be evicted.

The couple denied they were tenants, said they had a life-estate interest in the property and argued that allowing the trust to force them from the property would unjustly enrich the trust at their expense.

The Court of Appeals upheld the trial judge’s dismissal of the eviction action but said he was wrong to rule that the Holms’ arguments were correct.

An eviction case is too narrow to resolve the underlying “genuine dispute” and other proceedings would be needed to untangle the underlying legal and factual issues, Judge Susan A. Ehrlich wrote for the panel.

Vacation? Short break? Day trip? Get Skip-the-line tickets at GetYourGuide.


(Listed if other than Religion News Blog, or if not shown above)
Associated Press, USA
Nov. 30, 2004
Paul Davenport

Religion News Blog posted this on Wednesday December 1, 2004.
Last updated if a date shows here:


More About This Subject



Our website includes affiliate links, which means we get a small commission -- at no additional cost to you -- for each qualifying purpose. For instance, as an Amazon Associate, Religion News Blog earns from qualifying purchases. That is one reason why we can provide this research service free of charge.

Speaking of which: One way in which you can support us — at no additional cost to you — is by shopping at Amazon.com.