MANTI — A jury has sided with two former members of an apocalyptic church who sued seeking repayment of nearly $300,000 they had made in contributions to the 7-year-old church that endorses polygamy and preaches that the world will soon end and only its members will be saved.
The jury in 6th District Court awarded Kaziah Hancock a total of $270,000 and Cindy Stewart $20,325, with separate amounts to be paid to them by the church for fraud, breach of contract and intentional infliction of emotional distress.
Counts against the church of racketeering and unjust enrichment were dismissed.
The jury upheld the women's contentions that the church's founder, Jim Harmston, swindled them out of money and failed to fulfill several promises including a face-to-face meeting with Jesus Christ.
Hancock and Stewart maintained Harmston had taken advantage of their spiritual needs. Hancock also has said that church members were taught they could meet Christ if they turned over all their possessions to the church.
The church, meanwhile, plans to appeal.
Mark Middlemas, who is Harmston's attorney, said the jury's decision about the church's liability sets a chilling precedent.
"If this is sustained and we go before the Supreme Court, or if they (the Supreme Court) sustain it, it will mean that anyone who has left a church and has given donations while a member can go back and ask for those donations back," Middlemas said.
However, he is hopeful an appeals court will reverse the decision. Middlemas said one claim for appeal would be based on the fact that the church did not provide one of the individuals with land and there was no contract in writing.
Hancock had said that the church asked her and her husband to sell property they owned in Sanpete County, give the money to the church and the church promised to pay for a place for them to live in Manti, but made only one payment.
As for fraud, Middlemas said the social climate in Manti is such that TLC members are regarded as cult members because they are a small group and have unique religious beliefs. "The minute we get out of Manti and before a court of appeals, they're going to see the legal elements were not met in this case" and the decision will be overturned," Middlemas said.
Don Redd, the attorney for the two women, was in court and unavailable for comment Tuesday.
Harmston in 1994 founded the True and Living Church of Jesus Christ of Saints of the Last Days (also known as TLC) after being excommunicated from The Church of Jesus Christ of Latter-day Saints. He has endorsed polygamy on his church's Web site.
E-mail: lindat@desnews.com