The Diocese of Virginia filed an appeal April 7 with the Virginia Supreme Court seeking to overturn a lower court ruling which found that nine congregations which voted to leave The Episcopal Church between December 2006 and January 2007 were entitled to retain possession of their local church property.
The congregations subsequently joined together as the Convocation of Anglicans in North America (CANA), a North American missionary outreach of the Anglican Church of Nigeria.
In a news release, the diocese said it is challenging the lower court decision on a number of grounds including:
Whether it is constitutional for a court to impose a congregational majority rule requirement on hierarchical churches, against their faith and traditions;
Whether neutral principles should be used for resolving property disputes between congregations and denominations; and
Whether property may be held in trust for hierarchical churches.
Several national churches and local judicatory religious groups filed friend of the court briefs in support of The Episcopal Church and the Diocese of Virginia the following day.
The CANA congregations must file a response by April 29. The Virginia Supreme Court is not required to take up the case. It is scheduled to consider petitions for appeals July 14, Aug. 26, Oct. 21 or Dec. 9, according to the diocese’s release.
http://www.livingchurch.org/news/news-updates/2009/4/9/virginia-appeals-lower-court-ruling
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