Thursday, February 01, 2007

Diocese of Virginia files suits against property claims of separated congregations

1. DoV press release

2. ENS

3. The Living Church

4. Comments at titusonenine

5. A Statement from the Board of the Anglican District of Virginia (at babyblue) - The CANA group.

From the ENS report:
According to a diocesan news release, 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).

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.
From the CANA group statement:
We receive this news as an act of betrayal.

Contrary to statements issued by the Episcopal Diocese of Virginia, we have filed no lawsuits. Our only action has been to record our parish votes in December and January for the public record.

In addition, our volunteer lay leaders diligently followed the steps outlined in the Diocese of Virginia's "Protocol for Departing Congregations" trusting that the diocese would honor its own protocol. The actions taken today show that we were betrayed by that trust.
The Living Church:
Following the votes to separate, eight of the congregations initiated proceedings in their respective local circuit courts in an effort to transfer ownership of their real properties away from the diocese and The Episcopal Church and to the Church of Nigeria through a missionary endeavor, the Convocation of Anglicans in North America (CANA).

The clergy in charge and lay leadership of each of the 11 congregations have been named as defendants in the actions. The diocese is not asking the courts to impose any personal liability on any of the individuals named defendants at this time.

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