Seven Anglican Parishes in Virginia Lose the Fight to Retain Property

Congregations are told they must return the churches to the diocese

Judge Randy I. Bellows stated that the diocese and the Episcopal Church "have a contractual and proprietary interest in the property of these Episcopal churches." He indicated that, while the parishes had the right to separate themselves from The Episcopal Church and the diocese, "they had no right to take these seven Episcopal churches with them."

WASHINGTON, DC (Catholic Online) - A Fairfax County Circuit Court ruled yesterday that the seven congregations, who have chosen to leave The Episcopal Church (TEC), must leave their buildings behind. Judge Randy Bellows delivered the decision in a 113-page document that returned control of the church properties to the Diocese of Virginia and The Episcopal Church.

Among the seven, two are among the most famous Episcopal parishes in the country - Truro Church, Fairfax and The Falls Church, Falls Church. The other five are Church of the Apostles, Fairfax; Church of the Epiphany, Herndon; St. Margaret's Church, Woodbridge; St. Paul's Church, Haymarket; St. Stephen's Church, Heathsville.

Judge Randy I. Bellows stated that the diocese and the Episcopal Church "have a contractual and proprietary interest in the property of these Episcopal churches." He indicated that, while the parishes had the right to separate themselves from The Episcopal Church and the diocese, "they had no right to take these seven Episcopal churches with them."

Tuesday's ruling was the culmination of a detailed review of the case after a June 2010 Virginia Supreme Court decision overturned Bellows' previous conclusion. Earlier, he had favored awarding the property to the separating congregations.

In reversing his decision, the state high court ruled that the new jurisdictions these seven churches joined could not be included among those considered "divisions" of the Episcopal Church, thus their appeal for the property was not valid under a state "Division Statute" (Section 57-9(A)).

They high court returned the case to circuit court where it was to be decided "under principles of real property and contract law."

In his document, Bellows outlined his three primary rulings.

First, TEC and the Diocese of Virginia "have a contractual and proprietary interest in each of the seven churches that are the cited in the lawsuit." He stated that the parishes must immediately convey the real property as well as personal property acquired to the Diocese.

Second, he stated the congregation's counterclaims in their entirety, that they do not possess "contractual or proprietary interests in the property of the seven Episcopal Churches at issue."

The third ruling specifically addressed the Falls Church Endowment Fund, stating that only the church vestry recognized by the diocese has the power to elect its directors.

Bellows gave the diocese and the Episcopal Church 45 days to submit a proposed order to enforce his ruling on returning the property. The CANA congregations are to be given "a reasonable opportunity to note their exceptions," he said, and he gave all the parties 30 days from Jan. 10 to request a hearing on the terms of the proposed order.

In a press release [http://www.thefallschurch.org/pages/page.asp?page_id=180434] issued yesterday, states: "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.'"

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Randy Sly is the Associate Editor of Catholic Online and the CEO/Associate Publisher for the Northern Virginia Local Edition of Catholic Online (http://virginia.catholic.org). He is a former Archbishop of the Charismatic Episcopal Church who laid aside that ministry to enter into the full communion of the Catholic Church.

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