Lawsuits still continuing against CANA Churches in the USA
[Read here->http://www.thefallschurch.org/clientimages/29455/realignment/statements/052507_letterjyto_parish_lawsuit_updatedoc.pdf]
Friday, May 25, 2007
To the Family of The Falls Church:
I hope you will be able to find some opportunity for rest and fun over this holiday weekend! As always, I am wanting you to be kept abreast of the progress of our lawsuit, and so here follows a brief update about the latest developments in the lawsuits filed in the Virginia courts by the Episcopal Diocese of Virginia and by The Episcopal Church (TEC) against The Falls Church, ten of our sister churches in the Anglican District of Virginia, and members of our vestries and other individuals.
On Monday, May 21, Judge Randy Bellows, the judge appointed to preside over the twenty lawsuits that have been consolidated in Fairfax County Circuit Court, held a Scheduling Conference with the lawyers for all of the parties. In the course of the three hour conference, Judge Bellows developed a process to govern the resolution of the primary issues in the case. Among other things:
1. The court decided to address as the first issue on the merits the applicability of the Virginia “Division Statute,”, Virginia Code §57-9. That law gives a congregation, in the event of a “division” in the larger church or religious society to which it is attached, the right to determine which branch of the church or society it wishes to belong. Judge Bellows has scheduled an evidentiary hearing beginning on November 19 to address the applicability of the Division Statute, with a pre-trial schedule that includes briefs and a hearing in mid-September on the question of the proper scope of the November 19 hearing. If the court rules in favor of our churches and finds that the Division Statute applies, the court will then turn to the claims of TEC and the Diocese that that the Division Statute violates the Constitution. If the court concludes that the Division Statute is unconstitutional, it will then turn to the common laws claims that TEC and the Diocese assert in their complaints, claiming that they have trust and contract rights to our churches’ property.
2. Over the summer, the court will receive briefs and have a hearing on our arguments that the common law claims brought by TEC and the Diocese against the churches’ Vestry members, Rectors, and trustees as individuals should be dismissed for a number of reasons.
3. Discovery on all issues in the case will proceed, but will initially focus mainly on the Division Statute. However, all parties agreed that there will be no discovery directly against the individually named defendants, such as Vestry members or trustees, nor with regard to the requests of TEC and the Diocese for an accounting of how the churches have been using their funds and other resources since their votes.
Please continue to pray for these proceedings and for those involved in them. Thank you.
John Yates
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