The majority of the en banc court affirms dismissal of a former Mormon’s fraud claim against the church for falsely telling church members that the tithes they paid the church would not be used to fund the redevelopment of a shopping mall adjoining Temple Square in Salt Lake City, finding that there was no fraud. The church said it would use earnings on reserve funds for that purpose, and it did so. That reserve funds came in part from tithing funds did not make the representation false. Since the case is resolved on neutral non-religion grounds, the church autonomy doctrine does not come into play. Two concurring opinions would hold that the church autonomy doctrine also barred the claim.