Breaking: Diocese of Virginia wins reversal in CANA property case
Statement from the Diocese of Virginia:
Tonight, the Fairfax Circuit Court issued its ruling in favor of the Diocese of Virginia and the Episcopal Church in litigation seeking to recover Episcopal church property. “Our goal throughout this litigation has been to return faithful Episcopalians to their church homes and Episcopal properties to the mission of the Church,” said the Rt. Rev. Shannon S. Johnston, bishop of Virginia.The court ruled that the Episcopal Church and the Diocese of Virginia have “a contractual and proprietary interest” in each of the properties subject to the litigation. The court ordered that all property subject to its ruling be turned over to the Diocese.
“We hope that this ruling will lead to our congregations returning to worship in their church homes in the near future, while finding a way to support the CANA congregations as they plan their transition,” said Henry D.W. Burt, secretary of the Diocese and chief of staff.
Bishop Johnston added, “While we are grateful for the decision in our favor, we remain mindful of the toll this litigation has taken on all parties involved, and we continue to pray for all affected by the litigation.”
The ruling can be found here: http://www.thediocese.net/Customer-Content/WWW/CMS/files/property_ruling_1102012.pdf
This is the case involving two of the flagship breakaway churches, Truro and The Falls Church, each of which was led by a key figure in the anti-gay faction that broke away from The Episcopal Church after the consecration of the Rt. Rev. Gene Robinson as Bishop of New Hampshire.
Judge Randy Bellows, who issued this ruling, originally ruled in favor of the breakaway congregations in a ruling he released in June 2008, but the Virginia Supreme Court ruled in June 2010 that the statue on which he based his opinion was not applicable.
Judge Bellows wrote:
When this Court considers the applicable statutes, deeds, the Constitution and Canons of TEC and the Diocese, and the course of dealings between the parties, and applies “neutral principles of law” as established by United States and Virginia Supreme Court precedent, it is clear – indeed, to this Court, it is overwhelmingly evident – that TEC and the Diocese have contractual and proprietary interests in the real and personal property of each of these seven churches. ....The CANA Congregations suggest that a ruling for the denomination would be to defer to the hierarchy “with a vengeance.” This Court disagrees. Rather, the finding here that TEC and the Diocese have a contractual and proprietary interest in the property of these Episcopal churches is no more than a recognition that, while the CANA Congregations had an absolute right to depart from TEC and the Diocese, they had no right to take these seven Episcopal churches with them.
TBTG!
JC Fisher
God, bring us reconciliation, in Your Time...
Posted by tgflux![[TypeKey Profile Page]](http://www.episcopalcafe.com/lead/nav-commenters.gif)
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January 10, 2012 11:47 PM
Good news, indeed! Perhaps this is the beginning of the end of litigation.
June Butler
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January 11, 2012 9:58 AM