Virginia Trial Court Rules for Episcopal Diocese in Church Property Dispute

In the latest turn in a long-running litigation, a Virginia trial court ruled last night that breakaway parishes must vacate church property, including the landmark Falls Church in suburban Washington, DC (left), and return possession to the Episcopal Diocese of Virginia. In 2005, several Virginia parishes voted to leave the Diocese over a dispute, among other things, about the ordination of openly gay clergy. These parishes affiliated themselves with a new denomination, the Anglican Church of North America, but continued to occupy their existing church buildings, to which they claimed a right under Virginia law. When the Diocese sued,  state courts initially sided with the breakaway parishes. The Virginia Supreme Court ruled, however, that those courts had relied on an unconstitutional statute and remanded the case. Yesterday’s decision, on remand, favors the Diocese. The breakaway parishes say that they are reviewing the latest decision. In recent months, courts in New York and Georgia also have ruled against breakaway congregations in church property disputes involving the Catholic, Episcopal and Presbyterian Churches.

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