MONDAY, MARCH 10, 2014
This was potentially a huge decision for those suffering from years of the courts’ misreading of Jones v. Wolf (1979), 443 U.S. 595, as detailed in numerous posts on this blog. The significance is that it would have been the first church property dispute which the Court has accepted for review sinceJones — some 35 years ago. While the decision below (from the Virginia Supreme Court) is not based on ECUSA’s Dennis Canon, it nonetheless is grounded in a misreading of how a national Church can unilaterally establish a trust in its favor on all parish property without the parishes themselves declaring the trust in question. Similar bad readings of the dictum in Joneshave come from the Supreme Courts of Connecticut, Georgia, New York and California.
It also means that the Diocese of Virginia will now go ahead with its plans for The Falls Church campus. Furthermore, it means that the approximately $3 million that TFC has paid into the Court’s registry since April 2012 will now be handed over to the Diocese — added to the already $10 million worth of real property it received, the Diocese is the beneficiary of a real windfall, if ever there was anything that went by that name.
The Court thus seems willing to live with the disorder and confusion created by its dictum in Jones, at least until its current membership changes. And ECUSA will go on sowing discord and confusion in the State courts.