by Gregg MacDonald | Staff Writer
Monday April 25, 2011
An ongoing legal battle between the Anglican District of Virginia and the Episcopal Diocese of Virginia that has already been heard by the state's highest court is once again being played out in Fairfax County, where it originally began. The opening arguments in the case began Monday in Fairfax County Circuit Court.
Six weeks have been allotted for trial in the case of seven Virginia churches that broke away from the Episcopal Church in early 2007 to join a more conservative Anglican Church.
Of the original 11 churches that broke away from the Episcopal Diocese in 2007, seven continue to fight to retain their properties, estimated to be worth as much as $40 million.
To date, both the Anglican District of Virginia and the Episcopal Diocese have spent in excess of $3 million each in litigation costs, according to officials on both sides of the dispute.
Last June, the Virginia Supreme Court stated that a controversial Civil War-era Virginia law called the "Division Statute" was applied incorrectly in the case by the Anglican Church.
The statute, Va. Code § 57-9, provides that when a religious denomination or diocese experiences a "division," member congregations may determine by majority vote which branch of the divided body they wish to join. It also states this determination governs the ownership of property held in trust for the congregation.
In 2008, Fairfax County Circuit Court Judge Randy Bellows ruled the breakaway congregations were entitled to the church property under the statute, but the Virginia Supreme Court overturned that ruling and sent the case back to Bellows.
In 2008, two of the original 11 churches -- Christ the Redeemer in Centreville and Potomac Falls Episcopal in Sterling, dropped their respective participations in the suit.
Since then, two of the remaining nine churches -- Church of Our Savior in Oatlands, and Church of the Word in Gainesville -- have also dropped out of the litigation process.
Among the seven former Episcopal congregations still aligned with the Convocation of Anglicans in North America (CANA) and currently active in the property dispute, are Church of the Apostles in Fairfax, Church of the Epiphany in Herndon, Truro in Fairfax city, and The Falls Church in Falls Church.
"We remain confident in our legal position and we continue to 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 seven Anglican congregations.
"We will continue to preserve and expand the legacy of the Episcopal Church for future generations," wrote Rev. Shannon S. Johnston, Episcopal Bishop of Virginia, in an April 19 press release.
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