[Johnny] Kurcina began Christ Church Vienna late last year and continues to be amazed with its success. Services are in the Louise Archer Elementary School cafeteria, where parishioners sit in plastic chairs and the walls are adorned with lunch menus.

“Holding services in a school cafeteria does hold some challenges,” Kurcina said. “We are not allowed to use wine for communion so we use grape juice, and our candles look real but the flame is really a small flickering light bulb because we are not allowed to use real flame candles on school grounds.”

Despite the obstacles, the church continues to draw new parishioners.

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Read it all–note there are many links to be explored.

The reply brief attaches the latest annual report of the Episcopal remnant congregation as an exhibit, and it is very telling. While some 3,250 Anglicans attended Easter services at The Falls Church two weeks ago, the Episcopal parish’s report shows that it has a total membership of exactly 178 as of the end of 2010, and that its total annual budget has income of $233,641, but expenses of $249,306 (i.e., it is out-of-balance by some $16,000). That is less than what has to be paid each year just to keep up the property — let alone pay for salaries, insurance, retirement benefits and all the other expenses of operating a full-time parish.

But that reality does not stop the Episcopal Diocese from asking Judge Bellows to let it have every conceivable benefit from its victory, pending the appeal. Instead of settling simply the amount of the appeal bond, stipulating to a stay and allowing the appeal to go forward (or not, as the Virginia Supreme Court decides), Bishop Johnston and his Diocese are continuing to pay their attorneys to oppose the Anglicans in court every step of the way, by every argument imaginable, whether meritorious or not.

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Truro Anglican Church and the Episcopal Diocese of Virginia announced today a settlement that concludes five years of litigation that arose after Truro Anglican and other parishes left the Episcopal Church in 2006 to become part of what is now the Anglican Church in North America.

The settlement follows a January ruling in which the Circuit Court of Fairfax County held that all real and personal property held by the parishes at the time they left the denomination belongs to the Diocese.

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St. Margaret’s Anglican Church, one of seven Anglican congregations that are parties to the church property case brought by The Episcopal Church and the Episcopal Diocese of Virginia, celebrates taking a stand for the Gospel truth amidst settling its property involved in the case.

The settlement calls for St. Margaret’s Anglican to turn over to the Diocese its real property, including the parcel the parish bought, improved and maintained for fifty years. St. Margaret’s Anglican will vacate the property by April 30, and will turn over to the Diocese a portion of the liquid assets on hand when the lawsuit commenced in early 2007. St. Margaret’s will retain a portion of those liquid assets and a valuable hand bell collection that was a gift to St. Margaret’s from a parishioner.
St. Margaret’s was one of many Virginia Episcopal congregations who voted overwhelmingly to disassociate from The Episcopal Church and the Diocese in order to remain faithful to the historic doctrine of the worldwide Anglican Communion.

“This settlement is good news to us,” stated Alan Clark, Senior Warden of St. Margaret’s Anglican. “We are ready to move on in our mission of proclaiming Jesus Christ. Together, putting the legal dispute behind us, we celebrate who we are as Anglicans and followers of Christ. We trust in the path God has laid for St. Margaret’s Anglican, and look forward to where He plans to use our congregation to spread His transforming love.”

The Rt. Rev. David Bena, Interim Rector of St. Margaret’s Anglican, added, “Throughout these past several years of costly court battles, I have been humbled to bear witness to St. Margaret’s faith-filled stand for the Gospel truth at whatever expense.”

“We appreciate the good faith of Diocesan officials in negotiating the settlement, and we’re thrilled to be part of growing entities such as the regional Anglican Diocese of the Mid-Atlantic (a member diocese of the Anglican Church in North America) and the Convocation of Anglicans in North America. The death and resurrection of our Lord this Holy Week remind us that God is ultimately in charge. Our parishioners are ready to fully focus our energies on preaching, teaching, healing and making disciples in Jesus’ name. We may have lost the buildings, but we’ve kept the faith!” concluded Bishop Bena.

Stewards are bound to preserve gifts for future generations. The leaders of the departed congregations have asserted that this case was never about buildings or money but about larger principles. On that we agree.

The matter of biblical interpretation is at the heart of the issues, and there are real differences. Differences over biblical interpretation, not authority, remain unsettled. Even so, the common, ancient tradition as to authority, polity and property stands with the diocese and its bishop.

To be absolutely clear, as bishop of the Episcopal Diocese of Virginia, I do not want merely an outcome from the court; I seek a witness to the Gospel of Jesus Christ. I pray blessings upon those congregations who have made the painful decision to leave the Episcopal Church.

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A Virginia judge has ordered seven congregations that broke from the Episcopal Church to return all property to the local diocese — from valuable land to sacred chalices — by April 30.

The Diocese of Virginia had wanted the properties returned by March 30, a week before Easter. But Fairfax County Circuit Court Judge Randy Bellows agreed to give the breakaway congregations more time.

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There is one immediately perceivable flaw in the Diocese’s argument, and it also casts doubt on the legitimacy of Judge Bellows’ characterization of the evidence as “compelling” and “clear.” For at the time of his first ruling in this matter in 2008, which told the CANA congregations that they could keep their properties under the terms of Virginia’s Division Statute (§ 57-9), it was then “clear” to Judge Bellows that the Diocese did not have any entitlement to the parish properties or bank accounts.

The only thing that changed the Judge’s view was the Virginia Supreme Court’s quixotical decision, two years later, to read the statute in such a way that it could never apply to that sacred category of religious institutions defined as “hierarchical” by the courts. From that date on, perhaps, it was now “clear” in Virginia that the Diocese would prevail — or was it? At any rate, the point is that all of the evidence which the Diocese (leaning on Judge Bellows, to be sure) now characterizes as “compelling” did not amount to anything approaching that description in 2008, and could have become so only after June 2010.

But the principal point here is that with this motion, the Diocese has revealed its truly impecunious state, and hence its inability to maintain and operate all of the properties it has won in the judicial jackpot. Moving for an award of prejudgment interest in these unique circumstances — secular lawsuits between thousands and thousands of Christians on each side, contrary to the tenets of the Christian religion — is to rub salt into a gaping wound in the body of Christ.

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Read it all noting especially the eleven page pdf at the bottom which quotes the Motion documents in full.

Following on the recent court ruling remanding all properties currently occupied by breakaway congregations from the Episcopal Diocese of Virginia back to the diocese, Virginia Episcopal Bishop Shannon Johnston called the current time “one of the most defining moments in all of our 400 year history” in a pastoral address given to the 217th annual Virginia Diocese Council meeting in Reston yesterday….

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With continuing Episcopal congregations either ill-prepared to maintain properties or altogether nonexistent, paired with a diocese that is stretched thin financially, there are few options for stewarding church properties awarded by courts. With the diocese indicating that the sale of non-consecrated properties will go to paying off legal costs, the only source of long-term revenue is either to grow the size of the continuing Episcopal parishes or to lease their consecrated property to others.

Having abandoned the practice of church planting, Virginia Episcopalians seem unlikely to grow their financially vulnerable congregations. The Falls Church continuing Episcopal congregation lists only an increase of 10 attendees in the past three years, with few baptisms and confirmations. Diocesan officials may be hoping that a large number of former Episcopalians will stay tethered to the property, thus returning to the Episcopal fold. If only 5 percent of the Anglican congregation remains with the property, it would more than double the attendance at the Episcopal parish.

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The years-long litigation has been expensive for all involved. The Episcopal Diocese of Virginia has lost congregations that collectively contributed $10.4 million directly to the diocese in the 20-year period before the dispute erupted.

And the breakaway congregations have spent millions of dollars in legal fees. Warren Thrasher, executive director at Truro, said the 1,200 members of that church alone have spent roughly $2 million on legal bills, raised through a legal defense fund kept separate from the rest of the church’s ministry.

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The opinion is remarkable for its exhaustive consideration of every possible Virginia statute and previous case (including an unreported one) that could bear on the issues at stake. Along the way, it notably holds that the Dennis Canon (and its local diocesan equivalent) were ineffective per se to create a trust interest in favor of the diocese or national Church. But the bulk of the opinion appears (on a very quick first read) to be devoted to arriving at the same result (i.e., as if the Dennis Canon and its local equivalent had established a trust) by other means. It reaches its conclusion in favor of ECUSA and its diocese by drawing upon a minutely detailed analysis of the course of conduct between the parishes in question and the former entities over more than a hundred years (and in the case of Falls Church and a few others, for many more years than that — but in the case of the Church of the Epiphany, on a course of conduct extending for just the first twenty of the last twenty-four years).

In doing so, however, the court ends up equating what it terms a “proprietary and contractual interest” of the diocese in individual parish property to the functional legal equivalent of an express or implied trust in favor of the diocese (and the national Church). And since it recognizes that Virginia law does not allow express or implied trusts in favor of denominations, the marvel is that Judge Bellows can still conclude, by drawing heavily upon his interpretation of a Virginia statute (§ 57-16.1), that the parishes effectively controlled their own properties only for so long as they remained constituent member of the Episcopal Church (USA) — which is exactly what the Dennis Canon states, in haec verba.

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From here:

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.”

Seven Anglican congregations in Virginia that are parties to the church property case brought by The Episcopal Church and the Episcopal Diocese of Virginia are reviewing today’s ruling by the Fairfax County Circuit Court that the property should be turned over to the Episcopal Diocese.

The Circuit Court heard the case last spring after the Virginia Supreme Court remanded it in June 2010. The congregations previously had succeeded in their efforts on the Circuit Court level to defend the property that they bought and paid for.

“Although we are profoundly disappointed by today’s decision, we offer our gratitude to Judge Bellows for his review of this case. As we prayerfully consider our legal options, we above all remain steadfast in our effort to defend the historic Christian faith. Regardless of today’s ruling, we are confident that God is in control, and that He will continue to guide our path,” said Jim Oakes, spokesperson for the seven Anglican congregations.

The Rev. John Yates, rector of The Falls Church, a historic property involved in the case, stated, “The core issue for us is not physical property, but theological and moral truth and the intellectual integrity of faith in the modern world. Wherever we worship, we remain Anglicans because we cannot compromise our historic faith. Like our spiritual forebears in the Reformation, ‘Here we stand. So help us God. We can do no other.'”

The seven Anglican congregations are members of the newly established Diocese of the Mid-Atlantic, a member diocese within the Anglican Church in North America. Bishop John Guernsey of the Diocese of the Mid-Atlantic has expressed to leaders of the seven congregations, “Our trust is in the Lord who is ever faithful. He is in control and He will enable you to carry forward your mission for the glory of Jesus Christ and the extension of His Kingdom. Know that your brothers and sisters in Christ continue to stand with you and pray for you.”

Read it all (113 page pdf).

Litigation over ownership of St. Stephens Church in Heathsville and eight other churches that formerly housed Episcopal congregations entered a new phase when the parties filed their post-trial briefs in August.

The briefs followed a 22-day trial at which 67 witnesses appeared and “thousands of exhibits” were filed, according to the brief for the defendant churches all of which have disassociated themselves from the Episcopal Diocese of Virginia and joined the Convocation of Anglicans in North America (CANA). According to the schedule set up by the Circuit Court of Fairfax where the case over ownership of the nine churches is being tried, the parties may respond to each other’s briefs by Sept. 23 and after that the court may hear oral argument and decide the cases.

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A years-long fight between The Episcopal Church and several conservative congregations has landed back in a courtroom in Virginia.

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As the Diocese of Virginia and several Anglican District of Virginia congregations approach a new round in court April 25, the diocese has reached a settlement with a second congregation.

Under the settlement, announced April 19 by the diocese and by Church of the Word, Gainesville, the parish keeps the property and the diocese keeps $1.95 million of a payment made by the Virginia Department of Transportation for construction-related damage to the property.

The settlement, like others reached in recent months, requires the parish to cut its ties with the Anglican Church in North America for five years. Church of the Word also must cut its ties to the Anglican District of Virginia, which will vote in May on whether to become a diocese of the ACNA.

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Church of the Word (COTW), one of a handful of Northern Virginia churches embroiled in a four-year long lawsuit with The Episcopal Church (TEC), will retain its church property after an out-of-court settlement signed Monday, April 18, released it from the pending litigation.

The leadership of COTW, which is a multiracial congregation made up of predominantly young families, is relieved to have achieved their major goals of separating from TEC, retaining their property, and preserving their tradition of worship and ministry.

Church of the Word is one of a number of formerly Episcopal congregations that had severed ties with the denomination over matters of doctrinal drift and novel pastoral practices. Upon breaking away from the denomination in December 2006, TEC filed a lawsuit against eleven Northern Virginia churches in an attempt to keep them from retaining their property. Currently, the next phase of this litigation will continue for the remaining seven churches with the commencement of a late-April 2011 trial in the Fairfax County, Virginia, Circuit Court.

COTW’s settlement allows it to keep its property, and now free of litigation, may concentrate on its vision, which is to ”˜Encounter and Share Jesus Christ’. It does, however, require that COTW sever its affiliation with the newly established Anglican Church in North America (ACNA), and the Anglican District of Virginia (ADV) for a period of five years.

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Church of Our Saviour, Oatlands, which reached an amicable property settlement Feb. 20 with the Diocese of Virginia, has bought a 24-acre site for its new home, only a mile north of its current location in rural Loudoun County. The parish will buy Oaksworth Farm, a former Christmas-tree farm and vineyard, for $1,870,000, said the Rev. Elijah White, rector of Our Saviour since 1977.

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Read it all and follow the links.

The Oatlands deal requires the congregation to give up its claim to the church building, which dates to 1878. The congregation will get an inexpensive lease for five years with the diocese but is forbidden from affiliating with breakaway groups while still using the building.

It wasn’t clear Sunday whether settlements with other congregations would follow.

Henry Burt, spokesman for the Episcopal diocese, said the church is “in negotiations with other congregations, and we hope some will also go this way.”

Jim Oakes, a spokesman for the umbrella group for Virginia’s breakaway conservative congregations, said he didn’t believe any of the other churches were in talks with the Episcopal diocese.

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I realize that there are presently clergy and congregations who have addressed these questions of blessing, community, society and Scripture in ways that could be deemed thorough and conclusive. Furthermore, you may remember that I have always affirmed that committed, monogamous same-gender relationships can indeed be faithful in the Christian life. Therefore, I plan also to begin working immediately with those congregations that want to establish the parameters for the “generous pastoral response” that the 2009 General Convention called for with respect to same-gender couples in Episcopal churches. Personally, it is my hope that the 2012 General Convention will authorize the formal blessing of same-gender unions for those clergy in places that want to celebrate them. Until then, we might not be able to do all that we would want to do but, in my judgment, it is right to do something and it is time to do what we can….

We all know that the litigation has been expensive, but I will remind you that these costs are being covered by a line of credit secured by unconsecrated, non-strategic real estate. No pledge dollars given to the diocese’s annual budget are being used to fund this legal battle. And this reminds me . . .

I remain shocked and grievously troubled by the lack of adequate funding for our diocese. Make no mistake: this is not about sexuality or any other controversy. Virginia has been dead last in the Episcopal Church in its percentage funding for the diocesan budget for decades. Our congregations’ average giving to the Diocese is a less-than-modest 6.5 percent of plate-and-pledge, and only 5.4 percent of all unrestricted operating revenues. Only 18 of our 183 congregations give at least 10 percent of their revenues to the Diocese.

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Read it all taking special note of the resolutions (starting on page 37), especially R-2, R-8 and R-9.

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“While we are disappointed by today’s decision, we are certainly not discouraged. We knew going in that motions for rehearing are only granted in a low percentage of cases. We did not initiate this lawsuit and are ready to put the litigation behind us so we can completely focus on the work of the Gospel. However, we felt the basis of our motion for rehearing was strong and that the Court overlooked critical evidence showing that our congregations satisfied the requirements of the Division Statute as recently interpreted by the Virginia Supreme Court,” said ADV Chairman Jim Oakes.

“Today’s decision is not the final one in this case. The Virginia Supreme Court had already decided to send the lawsuit back to the Fairfax County Circuit Court for further proceedings. We remain extremely confident in our legal footing, but above all, our hope is in the Lord regardless of the final outcome. Our focus is on sharing the Gospel and serving those in need. The doors of all ADV churches will remain open wide to all who wish to worship with us,” Oakes concluded.

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Nine Anglican congregations in Loudoun and Fairfax counties asked the Virginia Supreme Court July 10 to reconsider part of a ruling from a month before that remanded a church property case back to a lower court.

The dispute centers around whether the nine congregations may keep the properties upon which their churches were built after breaking away from the Episcopal Diocese of Virginia to join the Anglican District of Virginia in 2006. The Loudoun church involved is Church of Our Saviour at Oatlands.

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(Via Email) FAIRFAX, Va. (July 10, 2010) ”“ The nine Anglican District of Virginia (ADV) congregations that are parties to the church property case brought by The Episcopal Church and the Episcopal Diocese of Virginia today asked the Virginia Supreme Court to reconsider a narrow, but critical portion of its ruling. Specifically, the churches asked the Court to reconsider whether CANA and ADV are branches of The Episcopal Church and Episcopal Diocese of Virginia under the governing statute.

“Today we filed a motion asking the Virginia Supreme Court to rehear a portion of its June 10 ruling that addressed whether CANA and ADV are in fact branches that divided from The Episcopal Church and Diocese of Virginia,” said ADV Chairman Jim Oakes. “We are not challenging the Court’s legal interpretation of the relevant statute, but we are pointing out that the Court overlooked critical evidence showing that, even under that interpretation, the congregations have satisfied the statute.”
“CANA and ADV came about as a direct result of the division within the Church. In fact, ADV in particular was established because of the desire of the orthodox Virginia churches to stick together. It has become a diverse group of churches all working together for the Gospel. Even when ADV was formed, it was not limited to churches that were affiliated with the Convocation of Anglicans in North America and also included congregations that had established a connection with the Church of Uganda,” Oakes said.

“We recognize that motions to rehear a case are not automatically granted, but we feel we have a strong case and that based on key evidence that the Court overlooked, CANA and ADV satisfy the ”˜branch’ requirements of the Virginia Division Statute. We never sought these legal proceedings in the first place and look forward to the day when we can completely focus on our core mission of spreading the Good News of Christ. Ultimately, this court case is in the Lord’s hands and we will continue to welcome all who wish to worship with us regardless of the outcome,” Oakes concluded.

“While the branch joined may operate as a separate polity from the branch to which the congregation formerly was attached, the statute requires that each branch proceed from the same polity, and not merely a shared tradition of faith,” [Virginia Supreme Court Justice Lawrence L.] Koontz wrote. “The record in these cases shows that the CANA Congregations satisfied the first of these requirements in that there was a division within TEC and the Diocese, but not the second, as CANA clearly is not a branch of either TEC or the Diocese.”

According Kelly Oliver of CRC Public Relations, a spokesperson for Truro Church, the ADV has until June 21 to appeal the decision, but it is not known yet whether the ADV will do so, or choose to fight the case in circuit court again. In the meantime, Baucum and the leaders of the other ADV churches are meeting with their respective vestries and congregations and each other, and will make a decision soon on how to proceed. No matter the decision, however, the ADV is confident that this battle is far from over.

“We are disappointed with the ruling and will review it as we consider our options,” said Jim Oakes, chairman of the ADV and longtime member of the Truro Church. “This is not the final chapter in this matter. The court’s ruling simply involved one of our statutory defenses ”¦ so, we continue to be confident in our legal position as we move forward.”Koontz wrote. “The record in these cases shows that the CANA Congregations satisfied the first of these requirements in that there was a division within TEC and the Diocese, but not the second, as CANA clearly is not a branch of either TEC or the Diocese.”

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