Episcopal News Service January 31, 2007
Virginia diocese files suits against property claims of separated congregations
Province III bishops issue statement in support of diocesan leadership
By Mary Frances Schjonberg
[ENS] The Episcopal Diocese of Virginia (http://www.thediocese.net) went to court January 31 over the real and personal property held in trust by 11 congregations where the majority membership has voted to leave the Episcopal Church, but have not vacated or relinquished that property to the diocese.
According to a diocesan news release (http://www.thediocese.net/press/pressroom.shtml), eight of the congregations initiated proceedings in their respective circuit courts to transfer ownership of their real properties from the diocese and the Episcopal Church and to the Church of Nigeria through an organization called Convocation of Anglicans of North America (CANA) (http://canaconvocation.org).
Last week the diocese filed responses to those eight actions, objecting to any transfer of property, citing both Virginia law and the canons of the Episcopal Church and the Diocese.
According to the Constitution and Canons of the Episcopal Church, dioceses are created or dissolved only by acts of General Convention (Articles V and VI) and dioceses create or dissolve Episcopal congregations in their midst. Congregational property is held in trust for the diocese, and the diocese holds property in trust for the wider church (Canon I.7.4). Virginia's diocesan canons (Canon 15) concur with the national canons.
According to the January 31 release, the diocese filed 11 complaints in various jurisdictions.
The congregations involved are Christ the Redeemer, Centreville; Church of the Apostles, Fairfax; Church of the Epiphany, Herndon; Church of Our Saviour, Oatlands; Church of the Word, Gainesville; Potomac Falls Episcopal, Sterling; St. Margaret's, Woodbridge; St. Paul's, Haymarket; St. Stephen's, Heathsville; Truro, Fairfax and The Falls Church, Falls Church.
On January 26, sixteen bishops of Province III of the Episcopal Church issued a statement supporting Lee, the Executive Board and Standing Committee for the decisions and actions they have taken concerning the congregations where the majority membership has voted to leave the Episcopal Church. The complete statement, as it was read to Virginia's recently concluded annual Council, follows.
Full story: http://www.episcopalchurch.org/3577_81900_ENG_HTM.htm
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