ecusa: virginia dispute

Property Dispute

latest update of sites:  (older sites, including replications, are also listed below)

Final Ruling:  January 2012

2010 Trial Phase / Appellate 2010-2011 Trial Phase

• Letter Opinion of the Court Regarding the Complaints Filed by the Protestant Episcopal Church in the United States of America and the Protestant Episcopal Church in the Diocese of Virginia and the Amended Counterclaims Filed by the CANA Congregations (1/10/12)

 

Post-Trial Briefs

 

• Post-Trial Reply Brief for the Diocese of Virginia (10/14/11)
• St. Stephen’s Church Post-Trial Brief RE Its 1874 Deed (10/14/11)
• The Falls Church’s Post-Trial Reply Brief Regarding The Falls Church Endowment Fund (10/14/11)
• CANA Congregations’ Post-Trial Reply Brief (10/14/11)
• Post-Trial Response Brief for the Episcopal Church and the Diocese of Virginia (9/16/11, corrected 9/21/11)
• CANA Congregations’ Post-Trial Opposition Brief (9/16/11)
• Post-Trial Brief of the Diocese of Virginia (8/5/11, corrected 8/16/11)
• Post-Trial Brief of the Episcopal Church (8/5/11)
• CANA Congregations’ Opening Post-Trial Brief (8/5/11, corrected 8/16/11)
• CANA Congregations’ Proposal Findings of Fact for their Opening Post-Trial Brief (8/5/11, corrected 8/16/11)
• The Falls Church’s Opening Post-Trial Brief Regarding The Falls Church Endowment Fund (8/5/11)

 

Settlement

 

• Final Order of Dismissal with Prejudice of All Claims and Counterclaims Involving the Church of Our Saviour at Oatlands (2/24/11)

 

Procedural and Discovery Motions

 

• The Diocese’s Motion to Compel Regrding Counterclaims and Financial Information and Supporting Memorandum (2/11/11)
• Truro Church’s Opposition to Motion to Compel Regarding Privilege Assertions (2/11/11)

 

• The Diocese’s Motion to Compel Regarding The Falls Church (2/4/11)
• Praecipe Setting the Motion to Compel Regarding Privilege Assertions by Truro Church for Judge Bellows’ Civil Motions Docket on February 18 (2/2/11)
• CANA Congregations’ Motion for Leave to Amend Answers and Grounds of Defense and Counterclaims (1/7/11)
• CANA Congregations’ Memorandum in Support of their Motion for Leave to Amend (1/7/11)
• Church of Our Saviour at Oatlands’ Motion to Determine Sufficiency and to Compel Discovery Responses from the Episcopal Diocese of Virginia and the Episcopal Church (1/7/11)

Phase / Initial Trial Phase

 2010 Trial Phase

Scheduling Order Pleadings

• The Diocese of Virginia’s Response to Order Entered October 15 (11/8/10)
• The Episcopal Church’s Response to Order Entered October 15 (11/8/10)
• The CANA Congregations’ Statement of Position in Accordance with October 15 Order (11/8/10)
• Church of Our Saviour, Oatlands’ Statement of Position in Accordance with October 15 Order (11/8/10)

•  Fairfax Circuit Court Order (10/15/10)
•  Supreme Court Order (10/14/10)

 Appellate Phase

• Denial of Application to Rehear (9/24/10)
• Appellee’s Application for Rehearing (7/10/10)
• Notice of Intent to Apply for a Rehearing Pursuant to Supreme Court of Virginia Rules, Filed on Behalf of CANA Congregations (6/22/10)
  
• Supreme Court Opinion (6/10/10)

Briefing on the Merits

• Reply Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Diocese of Virginia (3/1/10)
• Reply Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Episcopal Church (3/1/10)
• Reply Brief of Amici Curiae in Support of the Diocese of Virginia (3/1/10)
• Reply Brief of Amici Curiae in Support of the Episcopal Church (3/1/10)
• Reply Brief of the Diocese of Virginia (3/1/10)
• Reply Brief of the Episcopal Church (3/1/10)
• Brief Amicus Curiae of the Becket Fund for Religious Liberty in Support of Appellees (2/1/10)
• Brief of Amici Curiae, The American Anglican Council, Presbyterian Lay Committee, and Association for Church Renewal, in Support of Appellees (2/1/10)
• Brief for Appellees CANA Congregations, The Episcopal Church (2/1/10)
• Brief for Appellees CANA Congregations, The Diocese (2/1/10)
• Brief of the Commonwealth (1/29/10)
• Brief of the Episcopal Dioceses of Southern Virginia and Southwestern Virginia in Support of the Diocese (12/22/09)
• Brief of the Episcopal Dioceses of Southern Virginia and Southwestern Virginia in Support of the Episcopal Church (12/22/09)
• Brief of Amici Curiae in Support of the Diocese (12/21/09)
• Brief of Amici Curiae in Support of the Episcopal Church (12/21/09)
• The Diocese’s Opening Brief (12/21/09)
• The Episcopal Church’s Opening Brief (12/21/09)

Petition Process

• Certificate of Appeal (11/10/09)
• CANA Congregations’ Brief in Opposition to Petition for Appeal of the Protestant Episcopal Church in the Diocese of Virginia (4/30/09)
• CANA Congregations’ Brief in Opposition to the Petition for Appeal of the Episcopal Church (4/30/09)
• Brief on Behalf of the Commonwealth in Response to the Petitions for Appeal (4/30/09)
• Dioceses’ Motions for Leave to File Amicus Briefs Granted (4/27/09)
• Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Diocese of Virginia (4/8/09)
• Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Episcopal Church (4/8/09)
• Brief of Amici Curiae in Support of the Diocese’s Petition for Appeal (4/8/09)
• Brief of Amici Curiae in Support of the Episcopal Church’s Petition for Appeal (4/8/09)
• The Diocese of Virginia’s Petition to the Supreme Court of Virginia to Hear Appeal (4/7/09)
• The Episcopal Church’s Petition to the Supreme Court of Virginia to Hear Appeal (4/7/09)
• The Diocese of Virginia’s Motion to Increase Page Limitations for a Petition for Appeal (2/10/09)

 

News and documents related to the ongoing property disputed are listed in chronological order, with the most recent postings toward the top of the page.

Appellate Phase / Trial Phase

Appellate Phase

• Supreme Court Opinion

Briefing on the Merits

• Reply Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Diocese of Virginia (3/1/10)
• Reply Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Episcopal Church (3/1/10)
• Reply Brief of Amici Curiae in Support of the Diocese of Virginia (3/1/10)
• Reply Brief of Amici Curiae in Support of the Episcopal Church (3/1/10)
• Reply Brief of the Diocese of Virginia (3/1/10)
• Reply Brief of the Episcopal Church (3/1/10)
• Brief Amicus Curiae of the Becket Fund for Religious Liberty in Support of Appellees (2/1/10)
• Brief of Amici Curiae, The American Anglican Council, Presbyterian Lay Committee, and Association for Church Renewal, in Support of Appellees (2/1/10)
• Brief for Appellees CANA Congregations, The Episcopal Church (2/1/10)
• Brief for Appellees CANA Congregations, The Diocese (2/1/10)
• Brief of the Commonwealth (1/29/10)
• Brief of the Episcopal Dioceses of Southern Virginia and Southwestern Virginia in Support of the Diocese (12/22/09)
• Brief of the Episcopal Dioceses of Southern Virginia and Southwestern Virginia in Support of the Episcopal Church (12/22/09)
• Brief of Amici Curiae in Support of the Diocese (12/21/09)
• Brief of Amici Curiae in Support of the Episcopal Church (12/21/09)
• The Diocese’s Opening Brief (12/21/09)
• The Episcopal Church’s Opening Brief (12/21/09)

Petition Process

• Certificate of Appeal (11/10/09)
• CANA Congregations’ Brief in Opposition to Petition for Appeal of the Protestant Episcopal Church in the Diocese of Virginia (4/30/09)
• CANA Congregations’ Brief in Opposition to the Petition for Appeal of the Episcopal Church (4/30/09)
• Brief on Behalf of the Commonwealth in Response to the Petitions for Appeal (4/30/09)
• Dioceses’ Motions for Leave to File Amicus Briefs Granted (4/27/09)
• Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Diocese of Virginia (4/8/09)
• Brief Amicus Curiae of the Episcopal Diocese of Southwestern Virginia and the Episcopal Diocese of Southern Virginia in Support of the Episcopal Church (4/8/09)
• Brief of Amici Curiae in Support of the Diocese’s Petition for Appeal (4/8/09)
• Brief of Amici Curiae in Support of the Episcopal Church’s Petition for Appeal (4/8/09)
• The Diocese of Virginia’s Petition to the Supreme Court of Virginia to Hear Appeal (4/7/09)
• The Episcopal Church’s Petition to the Supreme Court of Virginia to Hear Appeal (4/7/09)
• The Diocese of Virginia’s Motion to Increase Page Limitations for a Petition for Appeal (2/10/09)

Trial Phase

CANA Court Petitions
CANA court filings seeking to take property under Virginia Code Section 57-9.
This is the petition filed by The Falls Church, Falls Church, seeking a declaration that real property belongs to the congregation. Each CANA congregation filed virtually identical petitions.

Opposition to the CANA petitions
Motion to Intervene (Diocese)
This motion was filed against Church of Our Saviour, Oatlands, (COSO) the only one of the 11 congregations not to consent to the Diocese and the Episcopal Church defending their interests in the case. COSO eventually dropped its opposition, and the motion was removed from the docket.
Answer to Petitions (Diocese)
Answer to Petitions (Episcopal Church)

Complaints
Original Complaint (Diocese)
This is the complaint filed by the Diocese a month after the votes at The Falls Church, Falls Church. The complaints filed against the 10 other churches are substantively identical.
Original Complaint (Episcopal Church)
This is the complaint filed by The Episcopal Church a month after the votes at The Falls Church, Falls Church. The complaints filed against the 10 other churches are substantively identical.

Demurrers and Pleas in Bar (CANA)
This was the initial filing by each congregation, seeking to have the Court dismiss the Complaints.  This is the filing of Truro, Fairfax.  The filings by the other 10 churches were basically identical.

Brief in Support of Demurrers and Pleas in Bar (CANA)
Brief in Opposition (response to CANA brief) (Diocese/Episcopal Church)
Reply Brief (CANA)
               
Court Orders          
Overruling the Demurrers and upholding the relevance of the Constitutions and Canons of the Episcopal Church
and the Diocese.
Removing Named Individuals from Complaints without prejudice and providing that they are bound by rulings in these cases (agreed upon by the parties).

Answers and Counterclaims (CANA)
After the Court overruled their demurrers, the congregations filed answers to the Diocese’s Complaints and related counterclaims.

Diocese’s Responses to Counterclaims
    Answer & Demurrer
    Supplemental Answer to 57-9 Petition           

Trial Regarding Virginia Division Statute (Va. Code § 57-9)
By agreement of the parties, the Court determined that it would first address issues related to the applicability and interpretation of the Virginia statute under which the congregations claim to be entitled to the property.  The trial is scheduled for trial November 13-15, 19-21, 2007.

                Brief on Scope of 57-9 Trial (Diocese/Episcopal Church)
                Brief on Scope of 57-9 Trial (CANA)
                Reply Brief on Scope of 57-9 Trial (Diocese)
                Reply Brief on Scope of 57-9 Trial (Episcopal Church)
                Reply Brief on Scope of 57-9 Trial (CANA)
               
Court Ruling on Scope of 57-9 Trial
Excerpts from the transcript of the September hearing on the scope of the November trial outline the Court’s position after hearing oral arguments from attorneys for the CANA congregations and for the Diocese and Episcopal Church. In summary: the trial will focus on the interpretation and application of Virginia Code section 57-9 and definitions of terms contained in the statute including “division,” “branch,” “attached,” and what it means for a church to be hierarchical within the framework of that section of the Virginia code.

Court Order in re Evidence on the title to real and personal property
On Oct. 26 the Court ordered that the November 57-9 trial will not involve evidence on the title of the real and personal property at issue.

CANA Witness List
The Diocese of Virginia Witness List

Post-trial Briefs
At the conclusion of the November trial on the interpretation and application of Virginia Code 57-9 to the CANA congregations’ effort to appropriate Episcopal Church property, the judge ordered that each side file three post-trial briefs which restate each side’s argument and also address constitutional issues according to the following deadline schedule: Dec. 31; Jan. 11; Jan. 17. The briefs will be made available through the links below which will be activated as briefs are filed.

    Diocese Post-Trial Brief No. 1
    CANA Post-Trial Brief No. 1
    Diocese Post-Trial Brief No. 2
    CANA Post-Trial Brief No. 2
    Diocese Post-Trial Brief No. 3
    CANA Post-Trial Brief No. 3

Attorney General Moves to Intervene
On Thursday, Jan. 10, Attorney General Robert McDonnell filed a motion to intervene in the dispute to defend Virginia law and oppose the position of The Episcopal Church and The Diocese of Virginia. The Judge has asked that the Diocese and The Episcopal Church respond with their position on the motion on Thursday, Jan. 17.

    The Attorney General’s Motion
    The Attorney General’s Brief
    Response to motion (Diocese/Episcopal Church)
    Response to motion (CANA Congregations)
    Court Order

Court Issues Initial Ruling on Applicability of 57-9(A)
On the evening of April 3, 2008 the Circuit Court of Fairfax County issued a letter ruling on the applicability of Virginia Statute 57-9(A). The court found in favor of the CANA congregations but explicitly did not rule on constitutional or property issues.
Letter Opinion and Order on the Applicability of Virginia Statute Sec. 57-9(A)

Motion to Proceed with Discovery

• Renewed Motion for Leave to Proceed with Discovery and Scheduling in the Declaratory Judgment Actions
  
• Brief and Support for Renewed Motion
• CANA Congregations’ Opposition to Renewed Motion for Leave to Proceed with Discovery and Scheduling in the Declaratory Judgment Actions
• Church of Our Saviour at Oatlands Opposition to Renewed Motion for Leave to Proceed with Discovery and Scheduling in the Declaratory Judgment Actions
• Supplemental/Reply Brief in Support of Renewed Motion for Leave to Proceed with Discovery and Scheduling in the Declaratory Judgment Actions
• CANA Congregations’ Response to Supplemental/Reply Brief
• Order

Supplemental Briefs in Preparation for May 28 Hearing

• Supplemental Constitutional Brief of the Diocese of Virginia
• Supplemental Constitutional Brief of the Episcopal Church
• The CANA Congregations’ Opening Post-Decision Brief
• Church of Our Saviour at Oatlands’ Supplemental Brief in Regard to Constitutional Issues
• The Episcopal Church’s and Diocese’s Brief in Opposition to the Supplemental Briefs of the Congregations and Church of Our Saviour at Oatlands
• The CANA Congregations’ Post-Decision Responsive Brief
• Church of Our Saviour at Oatlands’ Supplemental Brief in Opposition to the Brief on Constitutional Issues
• The Commonwealth’s Response to the Post-Decision Briefs

Amici Participation Filings

• Motion for Leave to File Brief of Amici Curiae
• Brief of Amici Curiae
• Letter from the Episcopal Church Stating Position on Amici Participation
• Letter from the CANA Congregations Stating their Position on Amici Participation
• The Diocese of Virginia’s Memorandum in Support of the Request of Amici Curiae to Participate in Oral Argument
• Opposition of CANA Congregations to Amici’s Participation in Oral Arguments
• Motion of the Dioceses of Southern Virginia and Southwestern Virginia for Leave to Join Brief of Amici Curiae
• Motion for Leave to Join Brief of Amici Curiae
• Order: Court Allows Amici to Participate in Oral Argument

Additional Interpretation Issues Regarding the Division Statute

• Order on Legal Issues
• The Episcopal Church and the Diocese of Virginia’s Opening Brief Pursuant to June 6, 2008 Order
• The CANA Congregations’ Opening Brief Pursuant to the Court’s June 6, 2008 Order
• The Episcopal Church and the Diocese of Virginia’s Responsive Brief Pursuant to June 6, 2008 Order (June 23)
• The Commonwealth’s Brief Pursuant to June 6, 2008 Order (June 23)
• The CANA Congregations’ Responsive Brief Pursuant to the Court’s June 6, 2008 Order (June 23)
• The Episcopal Church and the Diocese of Virginia’s Reply Brief Pursuant to June 6, 2008 Order (June 26)
• The CANA Congregations’ Reply Brief Pursuant to the Court’s June 6, 2008 Order (June 26)

Court Issues Opinion on Division Statute Constitutionality and Other Statutory Issues

• Letter Opinion on the Constitutionality of Virginia Code 57-9
• Letter Opinion on the Court’s Five Questions
• Order

Initial Ruling on Scope of October Trial

• Letter Opinion
• Order

Court Finds Contracts Clause Inapplicable; Denies Diocese’s Assertion of Waiver by CANA Churches

• Order

Pre-Trial Briefing Regarding 57-9 Voting Issues

• The Episcopal Church and the Diocese’s Opening Brief on Voting Issues
• The CANA Congregations’ Opening Brief on Voting Issues
• The Episcopal Church and the Diocese’s Opposition Brief on Voting Issues
• The CANA Congregations’ Responsive Brief on Voting Issues
• The Episcopal Church and the Diocese’s Reply Brief on Voting Issues
• The CANA Congregations’ Reply Brief on Voting Issues

Litigation Determining which Property is Subject to CANA Congregation’s Petitions

Truro, Fairfax

• Truro’s Supplemental Brief on whether Christ the Redeemer’s Conveyance of Church Property to Truro is Subject to Truro’s 57-9 Petition
• The Episcopal Church’s and the Diocese’s Supplemental Brief Regarding Christ the Redeemer Property
• Truro’s Reply Brief
• The Episcopal Church’s and the Diocese’s Reply Brief
• Order
• The Episcopal Church’s and the Diocese’s Motion to Reconsider Ruling from the Bench
• Truro Church’s Opposition to the Motion to Reconsider Ruling from the Bench on October 8, 2008 Filed by the Diocese and the Episcopal Church

St. Stephen’s, Heathsville

• The Episcopal Church’s and the Diocese’s Opening Brief Regarding Property Subject to the St. Stephen’s 1874 Deed
• St. Stephen’s Church Opening Brief RE 1874 Deed
• St. Stephen’s 1874 Deed Stipulations
• Supplemental Stipulation between St. Stephen’s and the Episcopal Church Regarding the 1874 Deed
• The Episcopal Church’s and the Diocese’s Responsive Brief Regarding Property Subject to the 1874 Deed
• St. Stephen’s Responsive Brief Regarding the 1874 Deed
• The Episcopal Church’s and the Diocese’s Reply Brief Regarding Property Subject to the St. Stephen’s 1874 Deed
• St. Stephen’s Church Reply Brief Regarding the 1874 Deed

Church of the Word, Gainesville

• The Episcopal Church’s and the Diocese’s Opening Post-Trial Brief Regarding Church of the Word
• Church of the Word’s Opening Brief
• The Episcopal Church’s and the Diocese’s Responsive Post-Trial Brief Regarding Church of the Word
• Church of the Word’s Opposition Brief
• The Episcopal Church’s and the Diocese’s Motion to Reconsider Part of the Letter Opinion on the Court’s Five Questions
• The Episcopal Church’s and the Diocese’s Reply Post-Trial Brief Regarding Church of the Word
• Church of the Word’s Reply Brief

The Falls Church

• Renewed Motion to Strike and Post-Trial Opening Brief Regarding The Falls Church Endowment Fund, Inc.
• The Falls Church’s Opening Post-Trial Brief Regarding The Falls Church Endowment Fund
• The Falls Church’s Opening Post-Trial Brief Concerning the 1746 Parcel
• Brief in Support of Motion to Strike the Evidence of The Falls Church Concerning the Two+ Acres Parcel and on the Merits Concerning the Same
• The Episcopal Church’s and the Diocese’s Post-Trial Response Brief Regarding The Falls Church Endowment Fund, Inc.
• The Falls Church’s Post-Trial Opposition Brief Concerning The Falls Church Endowment Fund
• The Episcopal Church’s and the Diocese’s Responsive Brief Regarding Two+ Acres Parcel
• The Falls Church’s Post-Trial Opposition Brief Concerning the 1746 Parcel
• The Episcopal Church’s and the Diocese’s Post-Trial Reply Brief Regarding The Falls Church Endowment Fund, Inc.
• The Falls Church’s Post-Trial Reply Brief Concerning The Falls Church Endowment Fund
• The Falls Church’s Post-Trial Reply Brief Concerning the 1746 Parcel
• The Episcopal Church’s and the Diocese’s Reply Brief Regarding Two+ Acres Parcel

Court Issues Final Order; Diocese Prepares for Appeal (December 19)

• Letter Opinion

 

 

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