The Falls Church - Legal Issues

Legal Issues

In mid to late December 2006, the portion of the congregation that had voted to disaffiliate from The Episcopal Church petitioned the local circuit court to transfer the property from its trustees to CANA's ownership of the Falls Church property pursuant to Va. Code § 57-9. The Diocese of Virginia and the Protestant Episcopal Church of the United States of America intervened as parties defendant and answered the petitions, and filed counter-actions for declaratory judgment that the property was held in trust for the Diocese and the national Episcopal Church.

After numerous motions and evidentiary hearings, on December 19, 2008, the court ruled in favor of CANA with respect to all property with the exception of an endowment fund, the disposition of which will be determined at a later stage. The Diocese of Virginia and the Protestant Episcopal Church filed petitions for appeal with the Supreme Court of Virginia, which a number of other hierarchical churches joined as amici curiae, including the Episcopal dioceses of Southern Virginia and Southwestern Virginia, along with representatives of consultative bodies from the United Methodist Church, the Presbyterian Church (U.S.A.), The African Methodist Episcopal Zion Church, The African Methodist Episcopal Church, the National Capital Presbytery, Presbytery of Eastern Virginia, and the Metro DC Synod of the Evangelical Lutheran Church in America. The Supreme Court ruled in favor of the Episcopal Church and the Diocese of Virginia, finding that the Falls Church and the other breakaway parishes did not meet the statutory criteria of the statute under which the trial court awarded them control of the real property. The case was remanded to the trial court for further proceedings.

On January 10, 2012, the trial court ruled definitively in favor of the Diocese and ECUSA, finding that the Diocese and ECUSA have “a contractual and proprietary interest” in The Falls Church and other CANA church properties that remained subject to the litigation. The court ordered attorneys for TEC and the Diocese to prepare a final order consistent with the court's finding. The Falls Church and the other CANA parishes have appealed the court's ruling to the Virginia Supreme Court.

By Easter, April 8, 2012, The Episcopal Diocese of Virginia was in the process of retaking ownership of the parish property of The Falls Church, and the continuing Episcopal congregation of The Falls Church began worshiping again on the parish campus after worshiping in the hall of a Presbyterian church across the street for over five years.