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Divide and Conquer
Key Case in Episcopal Property Dispute Goes To Va. Supreme Court
By: Warren Cole Smith
EP News---
On Apr. 13, the Virginia Supreme Court heard oral arguments in a dispute between The Episcopal Church (TEC) and nine Anglican congregations that split from TEC’s Diocese of Virginia.
The nine conservative congregations, now a part of the Anglican District of Virginia (ADV), left The Episcopal Church in 2006 and 2007 over doctrinal matters. The opposing sides entered negotiations regarding ownership of church property, but The Episcopal Church and the Diocese of Virginia broke off talks and filed lawsuits against the congregations, their ministers, and their vestries (lay leadership). In 2009, the Fairfax County Circuit Court ruled in favor of the Anglican churches, saying they could keep the property. The national church and the Diocese of Virginia appealed the decision.
“If the Virginia Supreme Court validates the lower court ruling, we get to keep the property,” said Jim Oakes, chairman of the board of directors for the Anglican District of Virginia. He did acknowledge, however, that whatever the Virginia Supreme Court decision, there will be an automatic appeal to the U.S. Supreme Court.
The stakes in this case are huge not just for these Virginia congregations, but for The Episcopal Church nationwide. The Anglicans’ case is built on a law unique to Virginia, but the legal principle at work – sometimes called “the implied trust” or “departure from doctrine” approach -- says that whoever remains faithful to the doctrine of the founders has the strongest right to the property. It’s an approach being considered by churches nationwide. So if the ADV prevails against the national church, it will likely generate a new wave of defections, and it will provide moral support – at least – to churches in settlement talks or full-blown legal disputes with the Episcopal Church in other states.
(5/1/2010)
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