Episcopal Church Property Trial ends in Virginia

from BabyBlueOnline by BabyBlue

The Episcopal Church property trial against congregations that voted overwhelmingly to separate from the Episcopal Church in 2006 ended this week, with more than 600 pages of legal briefs still expected to be filed by The Episcopal Church and the Diocese of Virginia.

The seven-week trial in the Fairfax County Circuit Court was presided over by Judge Randy Bellows. The briefs should be completed in October with a ruling from Judge Bellows to follow. Both sides expect Judge Bellows to take his time in reviewing the briefs with a ruling expected some time next year.

A dark shadow was cast over the proceedings with the unexpected death of the Diocese of Virginia's long-time chancellor, Russ Palmore the week before the trial began. Russ Palmore was the chair of the Bishop's Special Committee and author of the Diocese of Virginia Protocol for Departing Congregations which outlined the steps the voting parishes followed to find an amicable way to separate.

However, after the protocol was completed, a new Presiding Bishop was installed at Washington National Cathedral, the Most Rev'd Katharine Jefferts Schori who took a very different view then her predecessor over diocesan authority to negotiate with parishes voting to separate from the Episcopal Church. She authorized an intervention into the process which led to the abandonment by the Diocese of Virginia Protocol and Bishop Schori filed lawsuits against all the parishes as well as against nearly 200 lay volunteers. This was followed by Bishop Peter James Lee, then bishop of the Diocese of Virginia, filing parallel lawsuits as well. Bishop Lee later deposed over twenty clergy who had voted to separate and with Anglican Communion provinces in Nigeria and Uganda. The Anglican Churches in Nigeria and Uganda and The Episcopal Churches are part of the worldwide Anglican Communion.

The Episcopal Church lawsuits were set aside by Judge Randy Bellow while the challenge by the Episcopal Church and the Diocese of Virginia to the law used by the protocol and the congregations in guiding the vote to separate, Statute 57-9 of the Commonwealth of Virginia. Judge Bellows ruled in favor of the departing congregations , affirming that the law applied and was followed.

That ruling was overturned last year by the Virginia Supreme Court in Richmond.

With the overturning by the Virginia Court of of the Circuit Court 57-9 ruling, the focus of attention returned to the original 2007 lawsuits filed by Bishop Schori and Bishop Lee. Attorneys from both sides expect a ruling some time next year, six years after the original parish voted to separate.