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Episcopal property trial resumes Oct. 14
At least nine of the 11 Virginia churches that broke away from the Episcopal Church and affiliated themselves with the Convocation of Anglicans in North America in will be back in court on Oct. 14.
On Friday, Sept. 26, Fairfax County Circuit Court entered an order stipulating that the nine Anglican District of Virginia congregations that filed petitions under the Virginia Division Statute have satisfied the voting requirements of that statute.
Fairfax County Circuit Court Judge Randy Bellows ruled April 3 that the congregations, which now comprise the ADV, properly invoked the Civil-War-era Virginia statute stating that church majorities are entitled to church property when there is a division within their denomination.
The Episcopal Church and the Diocese of Virginia have now stipulated that they will not contest the voting requirements of the statute.
This should substantially narrow the scope of the church property dispute that has been ongoing for nearly two years. Both sides have already spent approximately $2 million each in litigation costs.
The Episcopal Diocese of Virginia announced Sept. 22 that the trial will focus solely on the issue of which properties occupied by the breakaway congregations are actually subject to their division statute petitions.
According to ADV, the remaining items to be decided in the October trial are whether four parcels of property and one set of personal property owned by the Anglican congregations are covered by the congregations’ division petitions.
ADV also announced that the remaining two of the 11 breakaway congregations sued by the Episcopal Church and the diocese have settled out of court.
Potomac Falls Church in Sterling and Christ the Redeemer Church in Centreville have each agreed to a modest monetary settlement with the church and the Diocese of Virginia that will end the litigation between them.
Neither congregation filed Virginia Division Statute petitions because they did not have real property at stake, only personal property. The Episcopal Diocese of Virginia does however, plan to appeal any unsatisfactory decision.
"The Diocese is preparing to mount a vigorous appeal that addresses the serious legal and religious questions and implications that have arisen from this unfortunate situation. The Diocese will explore fully every option available to restore constitutional and legal protections for all churches in Virginia," a Sept. 22 statement reads.
"The court proceedings of the past several months have shown that the Division Statute, which exists only in Virginia, is uniquely hostile to religious freedom and our faith. We are resolute in our commitment to pursue every avenue in seeking the return of Episcopalians who have been exiled from their church homes," said The Rt. Rev. Peter James Lee, Bishop of Virginia.
"Despite the promise of appeal from the Diocese, we are ready to put this litigation behind us for all of the parishes so that we can focus our time, money and effort solely on the work of the Gospel,” said Jim Oakes, vice chairman of ADV.
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