CANA requests rehearing of Virginia Supreme Court decision
CANA has submitted a Notice of Intent to Apply for a Rehearing before the Supreme Court of Virginia in its property dispute with the Diocese of Virginia. CANA now has 21 days to file a brief arguing the grounds for their request. The court had ruled that CANA is not a branch of the Episcopal Church but rather took CANA's claim that it was a branch of the Church of Nigeria at face value. That was the point over which CANA lost the case.
The diocese is not permitted a brief in opposition.
The Court typically makes its decisions requests for rehearing shortly after receiving the brief. The Court grants very few requests for rehearing, but the possibility exists.
In its recent ruling in favor of the Diocese of Virginia, the Court reversed and remanded the lower court's decision. Barring a rehearing by the Court that would have meant separate trials before the original trial judge for each of the CANA nine parishes in the original suit.
It would only be fair for the Court to know that The Rt. Rev. Peter Adebiyi, Bishop of the Lagos West Diocese in Church of Nigeria teaches "In Anglican church, if I come to your house and you give me a piece of land at the back of your compound and I accept, thank you, build a church and you are a member of the church, from that day you have automatically lost ownership of the land."
I'd have included this in my post, but didn't want to cloud it with speculation: Isn't this a signal that CANA knows that the Episcopal Church has one previous property litigation in the state of Virginia when trial is over Neutral Principles (what do the deeds say, etc.)? Lawyers aren't free, and spending money on the slim chance of a rehearing of the 57-9 ruling suggests CANA knows its chances under Neutral Principles are slimmer.
Posted by John B. Chilton![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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June 23, 2010 11:31 AM