From Richmond-
A group of breakaway Virginia Anglican congregations have appealed part of a Virginia Supreme Court decision in a property dispute with the Episcopal Church.
The nine Anglican District of Virginia congregations yesterday asked the state Supreme Court to reconsider whether the Anglican District and the Convocation of Anglicans in North America are branches of the Episcopal Church and the Episcopal Diocese of Virginia under state law.
"We are not challenging the court's legal interpretation of the relevant statute," said Anglican District Chairman Jim Oakes, "but we are pointing out that the court overlooked critical evidence showing that, even under that interpretation, the congregations have satisfied the statute."
The 1867 Virginia law in question was intended as a neutral way for courts to decide who keeps church property when a church divides into branches. It permits a majority-rule vote by a congregation to decide which branch it wishes to affiliate with.
Last month, the state Supreme Court overturned a judge's decision allowing the congregations that broke away from the Episcopal Church to keep their buildings and other church property worth an estimated $30 million to $40 million.
In a unanimous decision, the justices said the lower court judge erred in ruling that the congregations are now branches of the Episcopal Church. The Supreme Court sent the case back to Fairfax County Circuit Court to determine the ownership of the nine church properties based on real estate and contract law.
More here-
http://www2.timesdispatch.com/news/2010/jul/11/EPIS11-ar-287721/
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