Anglican District of Virginia Wins Church Property Case

(Press release) The judge presiding in the church property trial between the Episcopal Church and eleven former congregations, now affiliated with the Anglican District of Virginia (ADV), ruled in the congregations’ favor today. The final rulings in this case concerned whether four parcels of property owned by the Anglican congregations were covered by the congregations’ Division petitions.

“We welcome these final, favorable rulings in this case. This has been a long process and we are grateful that the court has agreed with us,” said Jim Oakes, vice-chairman of ADV. “It is gratifying to see the court recognize that the true owner of The Historic Falls Church is The Falls Church’s congregation, not the denomination, and that the building is protected by the Division Statute. The Falls Church has held and cared for this property for over 200 years.”

“We hope that The Episcopal Church and the Diocese of Virginia will realize that it is time to stop this legal battle. In these economic times, we should be focused on helping our communities and spreading the Gospel, not spending millions of dollars on ongoing legal battles. The money we have been forced to spend to keep our property from being forcibly taken away from us is money that could have been spent in more productive ways.

“While the judge ruled that issues surrounding The Falls Church Endowment Fund will be heard at a later date, ADV is confident that we will prevail on this last outstanding issue,” Oakes said.

On April 3, 2008, Fairfax County Circuit Court Judge Randy Bellows issued a landmark ruling that acknowledged a division within The Episcopal Church, the Diocese of Virginia and the larger Anglican Communion. Judge Bellows affirmed that the Anglican congregations in Virginia could invoke the Virginia Division Statute (Virginia Code § 57-9) in their defense. The Virginia Division Statute states that majority rule should apply when a division in a denomination or diocese results in the disaffiliation of an organized group of congregations. On June 27, 2008, Judge Bellows issued a ruling that confirmed the constitutionality of Virginia Division Statute (Virginia Code § 57-9) under the First Amendment. On August 22, 2008, he issued a ruling that upheld the constitutionality of the Division Statute under the Contracts Clause of the Constitution.

“We hope that the Diocese will reconsider its previous promises to appeal. While we are prepared to continue to defend ourselves, we are ready to put this litigation behind us so we can focus our time, money and effort on the work of the Gospel,” Oakes concluded.