Va. Supreme Court Hears Appeal Of Ruling Vs. Breakaway Anglicans

From Virginia-

The Virginia Supreme Court in Richmond yesterday heard the oral arguments of an appeal by the breakaway Falls Church Anglicans, seeking to reverse a January 2012 ruling by the Fairfax Circuit Court returning the property of the historic Falls Church in downtown City of Falls Church to the Episcopal Church.

The Supreme Court, led by Chief Justice Cynthia D. Kinser, also heard arguments from attorneys representing the national Episcopal Church, the Episcopal Diocese of Virginia and the Falls Church Episcopal Church.

A final decision from the Supreme Court is expected by the end of April.

The breakaway congregation, which remains under the leadership of the Rev. John Yates and has been worshiping at different locations in Northern Virginia since being forced to vacate the historic church a year ago, was joined in its appeal by an amicus brief from Attorney General Ken Cuccinelli which supported the Anglicans on one aspect of their appeal, the disposition of financial contributions made to them while they occupied the historic church.

More here-

http://fcnp.com/2013/02/27/va-supreme-court-hears-appeal-of-ruling-vs-breakaway-anglicans/

Windswept Farm on the market

From Virginia-

Another equestrian facility in Fairfax County is at risk of disappearing because the property owners are seeking to sell the land on which it sits.

Windswept Farm, a 32-acre property near the intersection of Braddock Road and the Fairfax County Parkway, currently is home to an 11-member horse boarding cooperative.

The land, however, is owned by the Episcopal Diocese of Virginia — the result of a lengthy legal dispute between the diocese and former Episcopal churches that separated from the diocese because of religious disagreements.

The Church of the Apostles purchased the land for $2.5 million in 2001, according to county real estate tax records. The intent was to build a new church there, according to Henry Burt, secretary and chief of staff of the diocese.

Church of the Apostles later separated from the Episcopal Church, as did several other Virginia churches. There was a multi-year lawsuit regarding whether the property belonged to the diocese or to the churches.

More here-

http://www.fairfaxtimes.com/article/20120831/NEWS/708319898/-1/windswept-farm-on-the-market&template=fairfaxTimes

Joint Statement from Truro Anglican Church, Fairfax and the Episcopal Diocese of Virginia

From Virginia-

Truro Anglican Church and the Episcopal Diocese of Virginia announced today a settlement that concludes five years of litigation that arose after Truro Anglican and other parishes left the Episcopal Church in 2006 to become part of what is now the Anglican Church in North America.

The settlement follows a January ruling in which the Circuit Court of Fairfax County held that all real and personal property held by the parishes at the time they left the denomination belongs to the Diocese.

Under terms of the settlement, the Diocese has given Truro Anglican a rent-free lease of the church buildings at 10520 Main Street in Fairfax, as well as two rectories, until June 30, 2013. Truro Anglican will deed the properties to the Diocese by April 30, 2012, and will pay the operating costs of the properties during the term of the lease. In addition, the Diocese has the option to use a small portion of the church building during the lease, as determined between the Rev. Tory Baucum, rector of Truro Anglican, and the Rt. Rev. Shannon S. Johnston, bishop of the Diocese of Virginia.

http://www.thediocese.net/news/newsView.asp?NewsId=40968233

Episcopalians Return to Property for Worship After Judge Rules Against Breakaway Group

From Virginia- (Christian Post)

A continuing congregation of The Episcopal Church held its first Easter service in a Virginia church since the majority of the members voted to break away from the denomination.

The Falls Church, a piece of ecclesiastical property that traces its origins back to the 18th century, was one of seven church properties that The Episcopal Church won in a court battle back in January.

Henry Burt, secretary of the Diocese of Virginia who grew up as a member of The Falls Church, told The Christian Post that the Episcopal service at The Falls Church last Sunday was well attended.

"There were people there who were members of the continuing congregation who basically had never worshipped in that building. There were lots of people there who had been members of The Falls Church decades ago," said Burt.

"It was a real reunion of a lot of folks."

Meanwhile, the group of Anglicans who severed ties with The Episcopal Church held its service on the same property but in a different building. The breakaway group has been worshipping at the property since it left the denomination.

More here-

http://www.christianpost.com/news/episcopalians-return-to-property-for-worship-after-judge-rules-against-breakaway-group-73134/

A Church Divided: Ruling Ends Va.'s Episcopal Battle

From NPR- (with broadcast audio)

On a bright Sunday morning in the tiny town of Heathsville, Va., Jeffrey Cerar surveys the church he's preached in for the past 15 years — its 130-year-old wooden pews, its stained glass windows, its paschal candles, its cross.

"Virtually everything you see here is going to stay; the high altar, the credence table, the hymnals and books of common prayer will all stay," he says. "The Bibles will go with us."

Cerar, rector of St. Stephen's Anglican Church, is leaving, along with his congregation. They're handing the keys over to their theological rivals, the St. Stephen's Episcopal Church. Earlier this year, a judge ruled that seven conservative Virginia congregations that had split with the Episcopal Church must hand over almost everything they own. It's like the end of a marriage, with people moving out and splitting up assets — even its own long, ugly battle.

More here-

http://www.npr.org/2012/04/10/150351713/a-church-divided-ruling-ends-va-s-episcopal-battle

Episcopalians Return to Historic Falls Church To Pack Chapel for Easter Service

From Virginia-

The historic chapel on the campus of The Falls Church was filled to overflowing today, marking the homecoming of persevering Episcopalian worshipers who had been banished from the site for over five years.

It was a moving and joyous occasion for many who attended today, having endured the years of an occupation of the historic site by a breakaway congregation that left the Episcopal Diocese in 2006 to protest, among other things, the Episcopal Church's election of an openly gay bishop. In January, a Fairfax Circuit judge ordered the property, and that of other Episcopal churches in Virginia where the same thing happened, back to the Episcopal diocese.

Today's marked the first return of the "continuing Episcopalians," who had persisted in their faith by worshiping in the fellowship hall of a church across the street. On a beautiful Easter morning, the chapel dating to 1732 was filled to capacity, with folding chairs added to any and all available open spaces, for a rousing celebration of Easter and the return to the sanctuary.

"You may notice some leading this service having breaks in their voices," the Rev. Cathy Tibbetts, who led the service, told the congregation. "That's because of the momentous occasion today represents. It is a wonderful day."

Preaching on a Resurrection theme, Tibbets told the congregation, "We have come home to do God's work."

Read more

http://www.fcnp.com/news/11532-episcopalians-return-to-historic-falls-church-to-pack-chapel-for-easter-service.html#ixzz1rYJ3EheN

VIRGINIA: Changed along the way, St. Stephen’s comes home

From Virginia-

More than a few tears were shed and smiles shared by the members of St. Stephen’s Episcopal Church in Heathsville, Virginia, this Palm Sunday, following the resolution of a five-year legal dispute with another congregation over ownership of the property.

One of those members, Meade Kilduff, was baptized in the 131-year-old building in 1918. At the time, Kilduff’s mother traveled over two days by train and by boat in the dead of winter from Pittsburgh, Pennsylvania, to her hometown of Heathsville for Meade’s baptism. Years later, Kilduff would return to raise a family – and to worship in St. Stephen’s.

That’s why this past weekend was a homecoming for Kilduff and other members of the congregation, as they returned to their historic church after worshipping in temporary spaces for the past five years. “I am so overwhelmed,” said Kilduff. “I didn’t realize how much I loved it until I came back. It is so beautiful.”

More here-

http://episcopaldigitalnetwork.com/ens/2012/04/02/changed-along-the-way-st-stephens-comes-home/

Virginia Episcopalians ready for a ‘new dawn’ after prolonged legal battle

From The Washington Post-

May the members of a congregation leave a hierarchical denomination and take the church property with them?

At great cost in time, effort, money and friendship — on both sides — the answer for the Episcopal Church in Virginia is no.

Many have followed this case and shared their opinions, both supporting and criticizing our effort to return Episcopal properties to the mission of the Episcopal Church. It’s tempting for this dispute to be about property, or politics, or just plain money. But the essence of the dispute is about theology itself.

Many denominations have a governance (“polity”) that allows for congregational self-determination. For hierarchical bodies, such as the Episcopal, Roman Catholic, Lutheran, United Methodist and Presbyterian churches, it is quite a different matter. In these churches, local congregations represent and witness to the larger structure. Our polity has been established and codified for almost 2,000 years and is the result of a theological view of what the Church is and how it should be governed.

More here-

chttp://www.washingtonpost.com/local/virginia-episcopalians-ready-for-a-new-dawn-after-prolonged-legal-battle/2012/03/29/gIQA5u8qiS_story.html

Episcopal Church, Breakaway Anglicans Fight Over Property

From VOA-

Outside the U.S. capital stands a red brick church with white wooden pews where George Washington served as a vestryman, or lay leader. The Falls Church was founded in 1732 and even gave its name to the well-to-do suburb where the church is located in northern Virginia.

But in recent years, The Falls Church has become a symbol of a division in the Episcopal Church, a Christian denomination that has given the United States more presidents than any other, and a good share of the country's Anglo-Saxon Protestant elite.

The rupture came after an openly gay man was consecrated as Episcopal bishop of New Hampshire in 2004. The Episcopal Church is part of the worldwide Anglican Communion, and The Falls Church was one of many congregations that broke from the U.S. church by aligning with conservative Anglican provinces in Africa and South America.

The Reverend John Yates, rector of The Falls Church, says the break was not only over the consecration of the Rt. Rev. Gene Robinson. He says broad disagreements over scripture stretched back to the 1960s, with the Episcopal leadership becoming "looser and looser in terms of the range of theological thinking" as well as "the range of what is acceptable morally."

More here-

http://www.voanews.com/english/news/religion/Episcopal-Church-Breakaway-Anglicans-Fight-over-Property-141613123.html

Breakaway Va. churches lose legal bid to keep donations

From The Washington Examiner-

Seven breakaway Anglican churches in Virginia have lost their last-ditch appeal to keep their personal property, including Bibles, office supplies and cash donations.

The churches broke away from the Episcopal Diocese in Virginia in 2007 over issues that included the ordination of homosexual bishops, kicking off a years-long legal battle over whether the diocese or the congregations owned the buildings in which they met.

A Fairfax County judge ruled against the churches in January, and followed that ruling with a decision Thursday to deny the churches' appeal to keep personal property, including cash donations. The churches argued that the money belonged to them since donors had specifically requested the money not go to the Diocese, but the judge rejected that argument.

“We hope that this will mark the end of this lengthy litigation,” said the Rev. Shannon Johnston, bishop of the Diocese of Virginia. “By closing this chapter, both the Diocese and [the breakaway churches] have the freedom to focus our energies on the mission and ministries of our respective congregations.”

More here-

http://washingtonexaminer.com/local/virginia/2012/03/breakaway-va-churches-lose-legal-bid-keep-donations/330496

Judge Orders Historic Falls Church Keys, $ to Episcopalians By April 30

From Falls Church-

Fairfax Circuit Court Judge Randy Bellows ruled yesterday that the transfer of all property, physical and other assets, of the Historic Falls Church in the downtown City of Falls Church shall be transferred away from control of the breakaway Anglican congregation to the Episcopal Diocese of Virginia by an April 30, 2012 deadline. The judge is slated to sign his final order today at 2 p.m.

The Diocese had sought a March 30 deadline, but Bellows agreed to comply with the request of attorneys for the breakaway "Convocation of Anglicans in North America" (CANA) group for a bit more time.

Judge Bellows ruled that all personal property -- including all furnishings, chalices, prayer books, portraits, historic documents and crosses and funds -- shall also be conveyed to the Diocese, and that they be calculated based on what was held as of January 31, 2007, the date the Diocese formally filed for legal action to recover its property.

As for the funds, it is estimated that $7 million is involved, with all of it to go to the Diocese except for what might be construed as money raised by the CANA group for its own specific missionary deployment. Resolution of some of monetary matters, therefore, such as money raised for a Southgate Fund to build an auxiliary building, could await a March 30 deadline set by Bellows.


Read more

http://www.fcnp.com/news/11276-judge-orders-historic-falls-church-keys-to-episcopals-by-april-30.html#ixzz1nrxSovN8

Va. Attorney General Intervenes for Breakaway Anglicans in Property Battle

From Virginia-

A month after a Virginia judge ruled against seven congregations leaving The Episcopal Church, the Virginia attorney general filed a brief on behalf of the departing Anglicans citing religious freedom.

Attorney General Ken Cuccinelli's brief, filed on Wednesday with the Fairfax County Circuit Court, argued that the departing congregations should be allowed to keep their personal property and donations they made to the churches they inhabited.

Faith McDonnell, a member of Church of the Apostles, which is one of the seven churches involved in the property controversy, told The Christian Post that she agreed with the attorney general.

"Cuccinelli is very right when he says that this is a religious freedom issue," said McDonnell.

"There is a violation of religious freedom in taking the funds and/or other property given to the churches by members and other friends that intended them to go to that particular body of believers."

More here-

http://www.christianpost.com/news/va-attorney-general-intervenes-for-breakaway-anglicans-in-property-battle-70248/

Speak Out: Should Churches Surrender Donations?

From Virginia-

The Episcopal Church is the last place local church members want their money to go. Some even went so far as to "opt out" of giving to the denomination, choosing instead that their donations be spent inside their own churches.

But thanks to a recent ruling by a Fairfax County Circuit Court judge, Truro Church, The Falls Church and five other congregations stand to lose a good portion of their donations to the denomination and diocese they divorced years ago.

Everything the congregations acquired before Jan. 31, 2007, the date Judge Randy Bellows notes as the official separation from The Episcopal Church, must be forfeited to the denomination and diocese. The congregations must also surrender the churches and other property they've cultivated for decades.

Truro, Falls Church and other congregations argue that the ruling violates state religious freedom laws and the Constitution. The Episcopal Church claims that the property never belonged to the congregations to begin with.

More here-

http://woodbridge-va.patch.com/articles/speak-out-should-churches-surrender-donations

Truro: Giving Up Donations Violates Religious Freedom Laws

From Virginia-

Truro Church and six other Northern Virginia congregations want a judge to let them keep donations they received before their "official" split from The Episcopal Church. They argue that many of the donations and gifts were meant for their churches, never for the TEC or its diocese.

The Jan. 10 ruling in question came from Fairfax County Circuit Court Judge Randy Bellows, who granted ownership of seven church properties to The Episcopal Church. Everything the congregations acquired before Jan. 31, 2007, the date Bellows notes as the official separation from The Episcopal Church, must be forfeited to the denomination and diocese.

If the court upholds its ruling, it could fly against religious freedom and other basic rights cited in Virginia law and the Constitution--or at least, that's what the congregations argue in their Feb. 22 motion.

“The core issue that we are asking the court to reconsider is the right of donors to restrict the use of their own gifts to the church of their choice. We believe that they could," said Jim Oakes, spokesperson for the seven Anglican congregations. "This is a religious liberty issue at its core as the courts are not lawfully able to coerce contributions to a specific religious entity against the wishes of the donors."

More here-

http://fairfaxcity.patch.com/articles/truro-giving-up-donations-violates-religious-freedom-laws

A pyrrhic victory?

From World Magazine-

The breakaway Episcopal congregations in Virginia, who left in 2006 over the American denomination’s liberal theology, have lost the latest round in the legal battle over the church property. Some have warned their members to expect to move within a few months.

In a 113-page ruling issued Jan. 10, Fairfax County Circuit Court Judge Randy Bellows reversed a ruling he made in 2008 giving custody to the conservative congregations. The Virginia Supreme Court overturned that ruling in 2010 and ordered a new trial.

At issue is ownership of seven Virginia churches, including two prominent, historic congregations that trace their roots to George Washington: Truro Church in Fairfax and The Falls Church, for which the city of Falls Church is named. But it is not clear that the denomination, on the verge of finally winning the battle that began in 2006, has either the members or the money to keep operating the churches themselves.

More here-

http://online.worldmag.com/2012/01/31/a-pyrrhic-victory/

Virginia Episcopal Diocese Bishop Outlines Property Transition Plan

From Virginia-

Following on the recent court ruling remanding all properties currently occupied by breakaway congregations from the Episcopal Diocese of Virginia back to the diocese, Virginia Episcopal Bishop Shannon Johnston called the current time "one of the most defining moments in all of our 400 year history" in a pastoral address given to the 217th annual Virginia Diocese Council meeting in Reston yesterday.

The court ruling means that seven properties in Virginia held by breakaway groups, including at the historic Falls Church in downtown Falls Church, must be handed back over to the Episcopal Diocese. It is the latest development in a six-year-long dispute that began with votes by breakaway groups to leave the main Episcopal denomination in protest of, among other things, its election of an openly-gay priest to standing as a bishop in 2003.

"The future is absolutely bristling with possibilities. This is a truly historic time in the life of our diocese," he said, announcing the formation of "Dayspring," a "broad, integrated effort to bring vision, strategy and execution to (1) our support of the continuing congregations, (2) our re-start of congregations where we have existing property, (3) our recruitment and placement of clergy where they will be needed and (4) our determination of the use or disposition of other properties and assets to be returned to us." Johnston said he will head the effort, himself.

More here-

http://www.fcnp.com/news/11014-virginia-episcopal-diocese-bishop-outlines-property-transition-plan.html

Judge rules in Episcopal property case

From Virginia-

A ruling in a five-year legal battle between the Anglican District and Episcopal Diocese of Virginia — that already has been heard by the state's highest court — has been issued by a Fairfax County judge.

Eleven churches broke away from the Episcopal Church in early 2007 to join a more conservative Anglican Church under the auspices of the Convocation of Anglicans in North America. The Angican churches, however, kept the Episcopal Church properties.

On Tuesday, Fairfax County Circuit Court Judge Randy Bellows reversed his original 2008 ruling that the breakaway congregations were entitled to the properties under a Civil War-era law called the "Division Statute."

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 want to join. It also states this determination governs the ownership of property held in trust for that congregation.

More here-

http://www.fairfaxtimes.com/article/20120113/NEWS/701139706/1117/judge-rules-in-episcopal-property-case&template=fairfaxTimes

Episcopal Church wins long-fought lawsuit over control of historic churches in Virginia

From The Washington Post-

The Episcopal Church should be restored as the owner of several historic churches in Virginia, a judge has ruled, years after the denomination was essentially evicted by local congregations dismayed with Episcopal leadership’s liberal theology.

In a 113-page ruling issued Tuesday night, Fairfax County Circuit Court Judge Randy Bellows reversed a ruling he made in 2008 giving custody to the conservative congregations. The Virginia Supreme Court overturned that ruling and ordered a new trial.

At issue is ownership of seven Virginia churches, including two prominent, historic congregations that trace their roots to George Washington: Truro Church in Fairfax and The Falls Church, for which the city of Falls Church is named.

The disputes within the Episcopal Church have raged openly since 2003, when the denomination consecrated an openly gay bishop in New Hampshire. The issues have since broadened to a range of theological issues, including fundamental interpretations of Scripture.

More here-

http://www.washingtonpost.com/national/on-faith/episcopal-church-wins-long-fought-lawsuit-over-control-of-historic-churches-in-virginia/2012/01/11/gIQAqc05qP_story.html

VA Anglicans Remain Prayerful Amid Church Property Ruling

Press Release from Falls Church-

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.’”

More here-

http://www.thefallschurch.org/pages/page.asp?page_id=180434

Court Rules for Diocese of Virginia Vs. Breakaway Group on Church Properties

From Falls Church VA-

Tuesday night, the Fairfax Circuit Court issued its ruling in favor of the Diocese of Virginia and the Episcopal Church in litigation seeking to recover Episcopal church property, according to a report from the Diocese of Virginia. "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 the Rt. Rev. Shannon S. Johnston, bishop of Virginia.

The court ruled that the Episcopal Church and the Diocese of Virginia have "a contractual and proprietary interest" in each of the properties subject to the litigation. The court ordered that all property subject to its ruling be turned over to the Diocese.

"We hope that this ruling will lead to our congregations returning to worship in their church homes in the near future, while finding a way to support the CANA congregations as they plan their transition," said Henry D.W. Burt, secretary of the Diocese and chief of staff.
Bishop Johnston added, "While we are grateful for the decision in our favor, we remain mindful of the toll this litigation has taken on all parties involved, and we continue to pray for all affected by the litigation."

The decision had enormous consequences for the historic Falls Church located in downtown City of Falls Church. Since the congregation there voted in December 2005 to defect from the Episcopal Church, USA, and align with the new Council of Anglicans in North America (CANA) under the leadership of a Nigerian Anglican Bishop, the breakaway group led locally by the Rev. John Yates has continued to occupy the church property, being unwilling in the process to share it with those traditional Episcopalian members of the original congregation who did not vote to defect.

More here-

http://www.fcnp.com/news/10879-court-rules-for-diocese-of-virginia-vs-breakaway-group-on-church-properties.html