The diocese considers this a small victory, and the Anglican District refuses to view it as a total loss.

“On reflection, the ruling actually supports several of the things that we were claiming, most significantly that there has in fact been a division in the church,” said Jim Oakes, chairman of the Anglican District of Virginia. “This is a very long way from a situation in which they won and we lost.”

Henry Burt, secretary of the Episcopal Diocese of Virginia, said, “There’s no question that several of our congregations left the diocese. But this is not a fractured church.”
Burt said the division didn’t count as an official split in the church because “these churches decided to leave for an organization that had been set up before they decided to leave.”

Until the final decision, both sides will remain in limbo.

Read it all.

…what will be its effect on the litigants in this case? Simply stated, to require them to spend more time and money in trying the issues of ownership. Significantly, the Virginia Supreme Court’s opinion did not address the arguments which had been made about the validity, under Virginia law, of the trusts which the Dennis Canon’s passage in 1979 attempted to create. At that time, Virginia law did not recognize unincorporated associations (above the level of a local congregation) as having legal standing to hold any beneficial interests in religious property. That law was not changed until 1992. Thus on remand, the Fairfax County Circuit Court will be asked to adhere to its earlier ruling that the enactment of the Dennis Canon was ineffective to create any trust in the parishes’ property in favor of either the Diocese or ECUSA.

At issue in the proceedings on remand will be the language in the church deeds, their articles of association, and the provisions in the diocesan and national canons — some of which evidence the court has already examined in connection with certain issues in the case. ECUSA and the Diocese will be trying once again to prove that the properties were held in trusts whose existence could be implied from the circumstances under which they were acquired and subsequently held. The CANA congregations, on the other hand, will offer evidence to prove that no such implied trusts ever arose.

Thus the Court’s decision today holds little precedential value for the wider issues at stake in litigation in other states between ECUSA, its dioceses, and their parishes. The proceedings in Virginia will drag on for another two years or so, after which there will inevitably be a further request to the Supreme Court to review any decision by the trial court. (In Virginia, review of a trial court’s civil decision is discretionary with the Supreme Court, and not a matter of right.)

Read it all.

Reacting to the ruling by the Virginia Supreme Court issued… [yesterday] morning, the Rev. John Yates, leader of the breakaway congregation at The Falls Church, sent a letter to his followers calling the ruling “a very disappointing result, to be sure.” He added that by having the case remanded to the Fairfax Circuit Court where “the Episcopal Church and the Diocese must still carry the burden of showing, apart from the division statute (which the Supreme Court ruled did not apply in this case — ed.) that they are the rightful owners of this property.”

The “property” referenced is the historic Falls Church in the center of the City of Falls Church, which Yates and his breakaway group has held onto since voting to defect from the Episcopal denomination in December 2006.

Meanwhile today, in an exclusive interview with the News-Press, the Rev. Michael Pipkin, leader of the “continuing Episcopalians,” members of The Falls Church who did not chose to defect and who’ve been locked out of The Falls Church by the defectors, said he hoped that while the case has been remanded back to the lower court, that a reconciliation between the two congregations could occur, and that arrangements could be made for his “continuing Episcopalians” to also worship on the campus of The Falls Church, specifically at 10 a.m. on Sundays in the historic chapel of the church, which is now not being used for any other purpose.

He noted, however, that Yates’ letter today made no mention of such matters, but that he was open to working something out for both congregations to share the property while the court matter is being finally resolved.

Read it all.

It’s not pretty to see people fight about property.

The three-year-old legal dispute over nine Virginia churches is no exception, with the credentials of Anglican conservative priests being yanked by the Episcopal Church and conservatives threatening Episcopal leaders with trespass if found on the disputed properties. All this happened after the congregations, mostly in Northern Virginia, voted in 2006-2007 to break away from the Episcopal Church, which conservative congregants believe has strayed dangerously from Christianity.

Read it all.

The Supreme Court of Virginia has ruled in favor of the Episcopal Church in the state’s much-watched dispute over church property. But it’s just the latest ruling in what will continue to be a long fight.

Reversing a lower court’s ruling, the Virginia Supreme Court said that the Anglican churches cannot use the Virginia “Division Statute” (the state law governing property when “a division has heretofore occurred or shall hereafter occur in a church or religious society”) to file their claims.

But the actual answer to who owns the property is still a long way off….

Read the whole thing.

Virginia’s Supreme Court struck a blow to Anglican conservatives Thursday, ruling against nine congregations who split from the Episcopal Church after it installed an openly gay bishop.

At issue are tens of millions of dollars of church property and symbolic momentum for dueling movements in the Anglican Communion.

The unanimous decision by the five-judge panel dismissing a lower court ruling that favored conservatives is not likely to end the dispute for the nine church properties. The panel simply found that a Civil War-era law governing how property is divided when churches split was wrongly applied to the current dispute. The panel sent the parties back to Fairfax County Circuit Court for a second, parallel case that focuses on who owns the properties, which is expected to be more complex and messy.

Read it all.

Read it all.

The Diocese of Virginia is gratified by the Supreme Court of Virginia’s ruling that the 57-9 “Division Statute” was incorrectly applied by the Fairfax County Circuit Court. The statute has forced faithful Episcopalians to worship elsewhere for over three years. The Supreme Court has sent the matter back to the lower court for further proceedings. The Diocese will demonstrate that the property is held in trust for all 80,000 Episcopalians who worship in Virginia.

Read the whole thing.

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 are reviewing today’s Virginia Supreme Court ruling overturning the Fairfax County Circuit Court’s ruling in the case and remanding it back to the Circuit Court for further proceedings. The Episcopal Church and Diocese of Virginia had appealed a ruling in favor of the congregations to the Virginia Supreme Court.

“We are disappointed with today’s ruling and will review it as we consider our options. This is not the final chapter in this matter. The court’s ruling simply involved one of our statutory defenses, and these properties are titled in the name of the congregations’ trustees, not in the name of the Diocese or The Episcopal Church. So we continue to be confident in our legal position as we move forward and will remain steadfast in our effort to defend the historic Christian faith,” said Jim Oakes, chairman of the Anglican District of Virginia, which is the umbrella organization for the nine Anglican congregations.

Read it all.

Read it all.

There’s some news in the ongoing infighting among American Anglicans.

Next week will mark a turning point in a three-year-old court battle over church property in Virginia when the state Supreme Court weighs in. The case is being watched by Anglicans around the country – and other faith groups facing bitter, potentially litigious divisions.

Tens of millions of dollars have been spent and friends and families divided over the question of who owns a dozen churches – including some large, prestigious properties in Northern Virginia that belonged for centuries to the Episcopal Church. But at the end of 2006 majorities of members of the churches, including Truro Church and The Falls Church, voted to leave the Episcopal Church and join other, more conservative overseas branches of the larger Anglican Communion. Disagreements range from the ordination of women to the status of gay men and women to what the Bible says about salvation.

The breakaway conservatives have won almost all the court rulings so far, but the case is complex and involves both state and federal constitutional issues.

Read it all.

Via email–KSH.

Today, the Virginia Supreme Court heard oral arguments in the church property case appeal made by The Episcopal Church and Diocese of Virginia challenging the ruling of the Fairfax County Circuit Court. The Circuit Court ruled in favor of nine Anglican congregations in Virginia , under the umbrella of the Anglican District of Virginia (ADV), confirming that the Anglican churches could keep their property.

Steffen Johnson, who argued the case on behalf of the Anglican District of Virginia churches, stated, “We are grateful for the opportunity to defend the appeals in the Virginia Supreme Court today. The argument went very well. It was a lively bench with good questions for both sides.
We continue to feel strong about the positions outlined in our briefs and developed in the extensive record in the trial court, and we look forward to the Court’s decision.”“Our church members are standing firm for the Gospel and will remain in prayer as the Virginia Supreme Court considers the oral arguments made today,” said Jim Oakes, chairman of the Anglican District of Virginia. “I am extremely confident in our case that was eloquently presented by our legal counsel. However, it’s unfortunate that this matter is being discussed in a court of law in the first place after our numerous attempts at amicable negotiations. I, like my fellow parishioners, look forward to and pray for a quick end to the litigation so that we can completely focus our time, money and energy on bringing new believers to Christ and helping those in need. Our doors remain open wide to all who wish to worship with us.”

Bishop David Bena, Contact Bishop for the Anglican District of Virginia, added, “Members of the Anglican District of Virginia have been in a period of intensive prayer and fasting leading up to and including today. As an ordained clergyman, I know that this court case is, as it has been from the beginning, in the Lord’s hands and the will of God will determine where ADV congregations worship in His name.”

The painful irony is that TEC’s decision to reject the authority of God’s Word has been gravely injurious, and has itself caused the very division that TEC’s leaders claimed they sought to avoid. Once someone rejects Scripture, then they reject Jesus Christ and Christianity as a whole. It’s as simple as that. We could not follow a national body that rejected the very Word of God.

Our Anglican churches (under the umbrella of the Anglican District of Virginia) attempted to resolve matters with the diocese and TEC graciously and out of court, following a process that we spent almost a year developing with diocesan representatives. But the diocese and TEC abruptly broke off discussion of settlement and instead launched a legal confrontation. They sued not only our churches, but also almost 200 individual clergy and volunteer board members.

The diocese and TEC have spent millions of dollars making this legal attack against our churches. And this has forced our churches to devote time, effort, and energy to raise millions of dollars for our legal defense — all of which could and should have been used for spreading the love of God to our communities.

Read it all.

On April 13, the Virginia Supreme Court heard oral arguments for a property case that pitted nine churches in Loudoun and Fairfax counties against the Episcopalian Diocese of Virginia. The final decision will be made June 10 or June 11.

The Church of Our Saviour, on Oatlands Mill Road south of Leesburg, is one of the churches involved.

After the nine churches left the diocese in 2006 to join the Anglican District of Virginia, the diocese argued that the churches had forfeited the right to the properties upon which their church buildings are built. In 2008, the Fairfax County Circuit Court ruled in favor of the breakaway churches, citing section 57-9a of Virginia law.

This statute, known as the division statute, says if there is a split in a church or religious organization, a congregation may decide which branch of the church it will go to, and it may retain its property.

Read it all.

Among other things, a lawyer for the Episcopal Diocese of Virginia told the justices that the 2008 ruling relied on an 1867 state law he contends improperly favors church governance by congregation over governance by hierarchy.

At stake, say the churches, is $30 million to $40 million in buildings and other property. The hearing was packed and broadcast via a closed-circuit television to two nearby rooms to accommodate everyone wishing to attend.

After the hearing, Henry D.W. Burt II, the secretary and chief of staff for the diocese, said: “Today was simply the next step in our journey to return faithful Episcopalians to their church homes.”

Steffen N. Johnson, a lawyer for the departed churches, which formed the Anglican District of Virginia, said “the argument went very well. It was a lively bench with good questions for both sides . . . and we look forward to the court’s decision.”

Read it all.

A group of conservative former Episcopal churches tangled with the Episcopal Church and its Diocese of Virginia before the Virginia Supreme Court on Tuesday over a unique state law that awards property to congregations that bolt their parent denomination.

The 90-minute session before a packed courtroom of 140 onlookers, plus more outside, appealed a Fairfax Circuit Court verdict that awarded about $30 million worth of historic property to the 11 churches that broke away from the diocese three years ago.

Five justices ”” three others had recused themselves from the case ”” grilled lawyers about the meaning and constitutionality of the state’s division statute. The 1867 law allowed congregations ”” many of which had differed with their denominations over slavery ”” to leave with their property.

Read it all.

The Episcopal Church on Tuesday asked Virginia’s highest court to overturn a judge’s decision allowing nine breakaway congregations to keep church property worth an estimated $30 million to $40 million.

The northern Virginia congregations split from the Episcopal Church in a disagreement over acceptance of gays, the ordination of female clergy and theological issues. They aligned with the more conservative Convocation of Anglicans in North America, which like the Episcopal Church falls under the umbrella of the Anglican Communion.

The Virginia Supreme Court could rule on the property dispute as early as June.

Lawyers for the Episcopal Church told the court that a Fairfax County judge erred in ruling that an 1867 law unique to Virginia allows the breakaway congregations to retain church buildings and other property. They also claimed the so-called “division statute” is unconstitutional because it allows the state to meddle in religious matters.

Read it all.

The Virginia Supreme Court has set oral arguments in the appeals brought by ECUSA and the Diocese of Virginia in the cases involving eleven ACNA parishes in the Anglican District of Virginia. I have previously discussed what took place at the hearings below in this post, and in this one; they may serve as background to understanding the issues involved. In this post, I would like to sketch out the issues as ECUSA and the Diocese have presented them in their briefs. In a subsequent post, I will go over the arguments of the ACNA parishes in opposition.

There is no way, of course, to predict what the Virginia Supreme Court will find significant in the briefs and arguments presented to it. Moreover, I am not licensed to practice in Virginia; someone who is may pick up on points of Virginia law and procedure that I have missed. Thus do not use these posts as a basis to expect any particular outcome. Instead, to the extent they assist you in making your way through the forest of contentions and counter-contentions, and in evaluating their relative strengths and weaknesses, they will have served their purpose.

At issue in these appeals is the interpretation and application of this Virginia statute, first adopted in 1867…

Read it all.

On April 13, the Virginia Supreme Court will hear oral arguments on a property dispute between the Episcopal Church of the Diocese of Virginia and nine churches in Loudoun and Fairfax counties. The Church of Our Saviour, on Oatlands Mill Road south of Leesburg, is one of the churches involved.

In 2006, the nine churches broke away from the Diocese of Virginia to join the Anglican District of Virginia. They wish to keep the property on which their churches are built. The diocese argued that the churches lost their rights to the properties when they broke away. In 2008, the Fairfax County Circuit Court ruled in favor of the breakaway churches.

Read it all.

The Supreme Court of Virginia has announced that it will hear the appeal of the Diocese of Virginia and the Episcopal Church on Tuesday, April 13. The Diocese is challenging the constitutionality of Virginia’s one-of-a-kind division statute (Va. Code § 57-9(A)) and the rulings of the Circuit Court, which allowed former Episcopalians to claim Episcopal Church property as their own. We expect a ruling on June 11.

Communicants of the Diocese are welcome to attend the hearing, although seating is quite limited. The Diocese has requested special arrangements to accommodate overflow seating, and we will keep you updated with news of these arrangements.

Read it all.

The Anglican District of Virginia (ADV) received notice that the Virginia Supreme Court will hear oral arguments on April 13, 2010, in the church property case brought by The Episcopal Church and Diocese of Virginia.

“Our church members are standing firm for the Gospel and will remain in prayer for the church property case that will be heard in a matter of weeks. It’s unfortunate that this matter, which we tried so hard to resolve amicably out of court, has now reached the level of the state Supreme Court. While we remain confident in our legal footing, it’s regretful that we had to defend ourselves in the first place,” said Jim Oakes, Chairman of the Anglican District of Virginia.

Read it all.

However, unlike the case in San Joaquin, there is now a date that has been set for oral argument in the Court of Appeal — and it will occur in the same week that oral arguments have been set in the Supreme Court of Virginia on the litigation between ECUSA, the Diocese of Virginia, and the Anglican District of Virginia. (The latter Court has not yet published a specific date and time for argument, but has announced only that arguments will occur sometime during its session meeting from April 12 to 16.)

The Court of Appeals for the Second District of Texas, which hears appeals from Fort Worth, has announced that it will hear oral argument on the writ sought by the Episcopal Diocese and Bishop Jack Iker on Wednesday, April 14, beginning at 1:30 p.m.

Read it all.

It will hear arguments in the case during the week of April 12-16.

Diocesan officials also addressed a $4 million line of credit ”” of which $3.5 million has been spent to date ”” that it has taken out to fund a three-year lawsuit against 11 conservative churches that left the diocese in 2006 and early 2007. When market conditions approve, the diocese will sell parcels of unconsecrated land to help pay the $3.5 million.

The diocese seeks to win back millions of dollars of property taken by the departing churches, which left over liberal trends in the denomination. After the conservatives won the lawsuit at trial, the diocese appealed. The case will go before the Virginia Supreme Court this year.

The departure of the conservatives, which reduced the diocese’s membership by about 10,000, was referred to several times Saturday as causing much “pain” to the remaining Episcopalians. However, a last-minute amendment to form a “reconciliation task force” between Episcopalians and former Episcopalians failed for lack of time to consider it adequately.

Read it all.

The Episcopalians and Anglicans in Heathsville will have to wait awhile longer to know for certain who has the right to St. Stephen’s Church in that town. Last year, the circuit court of Fairfax held that the Anglicans had the right to the church as did the Anglicans in nine other congregations that have split from the Episcopal Church. Friday, the Supreme Court of Virginia announced that it will hear the Episcopal Diocese of Virginia’s and The Episcopal Church of the United State’s appeals of the Fairfax rulings.

Read it all.

A years-long, multimillion-dollar land battle between the Episcopal Church in Virginia and conservatives who broke away from the denomination is headed back into court.

The Virginia Supreme Court said Wednesday that it would hear an appeal by the Episcopal diocese of Virginia and the national church, which lost in Fairfax District Court last year.

A district court judge had sided with nine conservative Virginia congregations whose members were angry about the liberal approach the church takes toward several issues including whether the Bible can be read literally and whether gays and lesbians should be accorded the same rights as heterosexuals (in marriage and access to clerical positions, among other things). Conservative congregants voted to leave the Episcopal Church, take millions of dollars in real estate assets and join another, more like-minded branch of the Anglican Communion.

Read it all.

The Lutherans aren’t sitting around for three years like the Episcopalians did. For them, the writing clearly is on the wall.

“One of the messages we heard loud and clear from the Episcopalians is that by waiting several years, they lost some of their best and brightest lay people,” Mr. [Ryan] Schwarz told me. “We intend to have our plans in place a lot faster.”

Read it all.

Dear Diocesan Family,

A panel of the Virginia Supreme Court will hear our petition for appeal on October 21 and, while it is unfortunate that these legal proceedings were necessary, I trust that this hearing will bring us one step closer to resolution.

I am proud that the Diocese of Virginia and the Episcopal Church have chosen the path consistently to defend loyal Episcopalians, and to safeguard and to protect the Church’s legacy and the Church from unwarranted governmental and legislative interference. It is with the same determination to stand by the people, traditions and legacy of our diocese that I look toward our appeal.
For nearly 225 years, the Episcopal Church has had the freedom to govern itself according to its beliefs. But that freedom is under direct attack here in our diocese in the form of a Virginia law that allows the government to interfere with the faith, polity and structure of our Church and other hierarchical churches in the Commonwealth.

I believe that this law is unconstitutional and that there is too much at stake to let it remain in effect. The legal struggle to secure our right to organize as we choose and safeguard our churches from those seeking to seize them has not been easy. This journey has been a long one, but now more than ever we must all gather around those who need us most at this difficult time.

Loyal Episcopalians have been exiled from their Episcopal homes for too long and I ask you to keep all of them in your prayers. This includes St. Stephen’s, Heathsville; St. Margaret’s, Woodbridge; Epiphany, Oak Hill; and The Falls Church, Falls Church. These parishioners have been denied the ability to worship as they wish at the very same churches where they were married, where they baptized their children and where they buried their loved ones. I view this next hearing with great hope for the day when I will join these faith-filled Episcopalians as they return to their church homes to celebrate and worship together.

Faithfully yours,

–(The Rt. Rev.) Shannon S. Johnston, Bishop of Virginia

Q: There has been a lot of public attention on the disagreements and controversy in the church related to homosexuality ”” whether there should be gay bishops and how the church should relate to same-sex couples. What are your thoughts about that?

A: Personally, I’m to the left of that issue. [Supporting] the full inclusion of gay persons in the life of the church is something I said when I was a nominee. But as a leader of the church, I’m a centrist. I think we need to lead from the center, and we need to rebuild the center. I think this issue, the place of gay persons in church ”” in the United States, anyway ”” is not an either-or question. There are parts of our church that remain thoroughly traditional in that respect and they will not be required to change. But there are parts of our church ”” indeed, it’s pretty clear, the majority of our church ”” that are moving toward and indeed already fully include gays and lesbians in the church. I hope that the rest of the Anglican world can accept that reality.

Q: It’s been three years since a majority of members in some Northern Virginia congregations voted to leave the diocese. Has the turmoil from that settled?
A: It’s in a kind of limbo right now. I just know that we’re waiting for the Virginia Supreme Court to hear our petition to take the appeal. I really look forward to the time when the litigation is behind us all.

Q: Can you explain why the Diocese of Virginia decided to go forward with the appeal?
A: It is following our vows to exercise care and concern and indeed ownership of our property, and if we don’t do that through whatever means are possible to us, you can make the strong case that the bishop is not living up to the ordination vows. That opens up an entirely new question with very serious ramifications.

Read it all.

(ENS) The Episcopal Diocese of Virginia and the Episcopal Church each asked the state Supreme Court April 7 to review a Fairfax County Court judge’s rulings in a series of church property lawsuits.

The diocese said in a news release that is appealing for the review on a number of grounds, including a challenge to the constitutionality of Virginia’s one-of-a-kind “Division Statute” (Section 57-9(A)), which dates to the Civil War and is triggered when there is a so-called “division” of a church or religious society, and the rulings of the Circuit Court in applying the law.

The litigation involves nine Episcopal parishes of the diocese which the majority of members and clergy left to form congregations of the Convocation of Anglicans in North America (CANA). The case originally involved members of 11 congregations of the Virginia diocese who left the Episcopal Church to form CANA congregations. The departing members of nine of those congregations then filed claims to parish property under the Division Statute.

Read it all.