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Diocese of Virginia prevails in parish property case: The Church of England Newspaper, January 13, 2012 p 7. January 16, 2012

Posted by geoconger in Anglican Church of North America, Church of England Newspaper, Property Litigation, Virginia.
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First printed in The Church of England Newspaper.

A Virginia circuit court has ruled that the properties of seven breakaway congregations belong to the Episcopal Diocese of Virginia.  The 10 January 2012 decision by Judge Randy Bellows comes almost five years after litigation began and millions of dollars expended over the control of seven Northern Virginia congregations.

In his 113-page opinion, Judge Bellows held that national Episcopal Church and the Diocese of Virginia have a “contractual and proprietary” interest in each of the churches.  The court “denied in their entirety” the counter-claims of the breakaway congregations, and ordered the congregations to turn over the properties and assets of the congregations acquired before the state of the lawsuits in 2007 to the diocese.

“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 Bishop Shannon Johnston of Virginia after the verdict was announced.

He added that he was “grateful for the decision in our favor” but was “mindful of the toll this litigation has taken on all parties involved, and we continue to pray for all affected by the litigation.”

A spokesman for the congregations stated “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.”

The Rev. John Yates, rector of The Falls Church, one of the properties involved in the lawsuit 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,” Mr. Yates said.

Bishop John Guernsey of the ACNA’s Diocese of the Mid-Atlantic told the seven congregations not to be afraid for the future.  “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.”

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Comments

1. Peter Clark - January 17, 2012

Would memorial tablets etc. be able to be removed by the families of the deceased if they are forced out of their former church buildings?
Someone I knew, after a disagreement with the Rector and Parish council of her former church, had her mother’s ashes removrd ftrom the columbarium and replaced in the church to which she had transferred. This could prove an embarrassment to the continuing custodians of the church property, if enough people made a similar move.


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