T A

Diocese of Virginia on property dispute

The Diocese of Virginia has published details of the various legal actions taken in the current disputes there over the ownership of parish property.

See Property Dispute:

The dispute over property in the Diocese of Virginia entered the civil courts when the separated CANA congregations filed petitions with the courts in their jurisdictions reporting the results of their congregational votes and seeking the court’s declaration that the property belonged to the congregations. The Diocese and the Episcopal Church responded to those filings and are defendants in those cases.

Subsequently, the Diocese and the Episcopal Church filed complaints seeking a declaration that Episcopal Church property, while held by local trustees, is held in trust for the benefit of the Episcopal Church, the Diocese of Virginia and Episcopalians throughout the generations. Those cases have yet to be scheduled for trial. At issue is the real and personal property of 11 Episcopal churches. In each case, that property currently is occupied and used by non-Episcopal congregations. Four continuing Episcopal congregations have been denied use of their property, locked out of their buildings, deprived of their rights to that property and forced into exile.

By agreement of the parties, all cases were consolidated in Fairfax Circuit Court, and they have been assigned to Judge Randy I. Bellows. On this site, you will find various court filings related to the litigation.

Truro Church has published this page: Property Defense.

And the Anglican District of Virginia has published this page: Legal Resources.

23
Leave a Reply

avatar
23 Comment threads
0 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
16 Comment authors
DRJ1943Leonardo RicardochoirboyfromhellL RobertsFord Elms Recent comment authors
  Subscribe  
newest oldest most voted
Notify of
John Robison
Guest
John Robison

Bravo to +Lee for setting the record straight!
These law suits are the fault of the former Vestries and rebel clergy of these schismatic cabals.

Ford Elms
Guest
Ford Elms

“CANA congregations filed petitions with the courts….. Subsequently, the Diocese and the Episcopal Church filed complaints”

Yet in some people’s eyes, it is TEC taking the faithful remnant to court to deprive them of even a place to worship. Conservatives would be so much harder to oppose if their understanding of things came in any way close to reality.

John Omani
Guest
John Omani

I’ll second that John Robison.

The Schismatics and Donatist heretics are welcome to leave and set up their own church if they so wish, but not to break the law and take TEC’s property with them.

As suspected all along, it seems that the CANA parishes are more interested in worshipping Mammon than following the advice of Scripture.

God bless +Lee of Virginia!

DGus
Guest
DGus

“Four continuing Episcopal congregations have been denied use of their property, locked out of their buildings, deprived of their rights to that property and forced into exile.” Poppycock. Not a single person has ever at any time for any reason been barred from worship at any of these congregations. And at the Falls Church, a proposal for a regular service to be officiated by a continuing Episcopal priest, for the benefit of those who wanted to continue in communion with TEC and the Diocese of Virginia, was explicitly and repeatedly refused by Bishop Lee. TEC’s maintenance of this litigation is… Read more »

Merseymike
Guest
Merseymike

If you care so little about the property, then vacate it and give it back to the church you have left.

JCF
Guest
JCF

“at the Falls Church, a proposal for a regular service to be officiated by a continuing Episcopal priest”

I’m guessing that wasn’t at 11AM Sunday morning?

Whatever. DGus, when you CANAnites voted (after pushing out most of “those who wanted to continue in communion with TEC and the Diocese of Virginia”) to kick out your bishop, and then sued to make it binding, YOU BROUGHT THIS UPON YOURSELVES. End of story.

Lord have mercy!

Cynthia Gilliatt
Guest
Cynthia Gilliatt

“TEC’s maintenance of this litigation is not about meeting the spiritual needs of people. It is about the property.”

So – the departing congregations’ initiating lawsuits to steal TEC property was about … what? Spiritual needs? Hogswallop!

Chris H.
Guest
Chris H.

The news story from the Episcopal News Service says that the Diocese and TEC are defendents in some suits. Having read the documents above, I don’t see them. TEC and Dio. VA as plaintiffs against dozens of clergy and vestry, but not defendants. As the Diocese and TEC are not named on the titles, seems to me more like what would happen when the title to my property is written in my name and has a lien on it and I’m filing with (petitioning) the court to say the lien has been paid or voided. I’m not suing anyone, just… Read more »

Ford Elms
Guest
Ford Elms

“Since Virginia does have laws in place regarding congregations keeping their property–even if the court finds those laws inapplicable in this particular case” See, first of all, the church buildings do not belong to the parish. In reality, they don’t belong to the Church either, they belong to God. They were built “for the greater glory of God”, they are referred to as the “House of God”. Simply by trying to take “their” building when they leave, these schismatics show how far they are from the faith of the “catholic church” they claim to believe in when they say the… Read more »

ettu
Guest
ettu

re: the DGUS comment above – I see on BabyBlue’s blog that the schismatics are holding a prayer vigil at Truro during the property trial – I wonder if the faithful remnant are welccome – would be made to feel welcome – at this prayer vigil. Really, given our fallen nature, it is difficult if not impossible for these 2 separate congregations to truly share the premises. Wishful thinking is one thing – reality another.

BabyBlue
Guest

Cynthia writes:

So – the departing congregations’ initiating lawsuits …

Actually, it is Bishop Lee and Katharine Jefferts Schori who initiated the lawsuits. They are suing the Virginia Churches, not the other way around. I hope that is clear. They are the plaintiffs, the Virginia Churches are the defendants.

You can read a fascinating “insider” report from a former member of the Diocese of Virginia Executive Board here:
http://www.pwcweb.com/ecw/tec_to_nigeria.html

bb

C.B.
Guest
C.B.

Chris H – My head is spinning around from your spin. The only way for the diocese to defend against CANA’s original claim (petition) for the property, was to file a counterclaim. The way this is done in VA. is a plaintiff. These are filing formalities required by the State and should not be used to determine the origins or nature of the dispute. Yes, Virginia does have laws regarding splits in denomination (not congregations). Hence, the counterclaim by the dioceses. And as far as the vestry suing the diocese, why would they – when the only possible avenue to… Read more »

choirboyfromhell
Guest
choirboyfromhell

“The dispute over property in the Diocese of Virginia entered the civil courts when the separated CANA congregations filed petitions with the courts in their jurisdictions reporting the results of their congregational votes and seeking the court’s declaration that the property belonged to the congregations.”-

Just what about CANA congregations filing petitions with the courts do you not understand Chris H.?
You’re right, I don’t agree with you because you are inherently incorrect, not to mention blind.

Leonardo Ricardo
Guest
Leonardo Ricardo

It won’t work CANA…it simply won’t work because stealing is frowned upon most everywhere in civilized countries and then, of course, there is, the THOU shall NOT, part!

Ford Elms
Guest
Ford Elms

“I see on BabyBlue’s blog that the schismatics are holding a prayer vigil at Truro during the property trial”

I wonder if the prayer is “Let us win our property”. I doubt somehow it’s “Not our will nor that of TEC, but THY will be done.”

DGus
Guest
DGus

Dear Ford Elms, Your skepticism about the CANA churches’ prayer intentions is not well founded. The Rev. John Yates’s 11/6 invitation to join the prayer meeting that you mentioned asked, “Will you do your best to join us? Will you please be praying that God will work through this trial to bring about his plans and purposes.” Similarly, a suggested list of prayer intentions that was distributed earlier included– “Pray for God’s will be to done in the hearings in November…. “Pray for wisdom and clarity for Judge Randy Bellows…. “Pray for our legal teams and their families…. “Pray for… Read more »

Göran Koch-Swahne
Guest

D Gus wrote: “Pray for Rectors, Wardens and Vestry members and their planning around the legal issues…”

“Planning around”, indeed.

L Roberts
Guest
L Roberts

“dear God

Just listen carefully

while I just give Thee Thine orders…….. ” !!

Ford Elms
Guest
Ford Elms

“In fact, I have never read or heard any suggestion that we pray that the congregations would win in the litigation. Not that there would be anything wrong with that.”

It was uncharitable of me to suggest otherwise, and I have been set straight. Given that your second sentence is precisely what I was deriding, I think you’ll see that I don’t agree at all. Glad, and chastened, to know that’s not how the parish is praying, all the same.

L Roberts
Guest
L Roberts

As long as you enjoyed it, Ford …… 😉

choirboyfromhell
Guest
choirboyfromhell

So DGus, why is Truro waiting until the trial to have a prayer vigil?

Leonardo Ricardo
Guest
Leonardo Ricardo

“And as far as the vestry suing the diocese, why would they – when the only possible avenue to taking the property from the diocese was to file a petition for it. Which they did.

That’s the reality.” CB

Won’t someone please make appointments for face-to-face factshock “induced” conversations/confessions for the emotionally/spiritually CANA “blocked” Truro “seekers” and the fact “fallen” over at Falls Church?

Reality, it just takes some getting to and pretending “theiving” is taking place won’t change bad actions into good and Godly “will.”

DRJ1943
Guest
DRJ1943

Question: If a parish has paid for their own property with no help from the diocese or national church, shouldn’t they be allowed to keep their property? Isn’t the right thing to do.