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Episcopal churches in Virginia in court over property dispute

NewsReligious Herald  |  November 21, 2007

FAIRFAX — A two-week trial began Nov. 13 that will determine whether a state law from 1867 governs the property dispute between the Episcopal Diocese of Virginia and 11 congregations that voted to leave the church.

The congregations, among them The Falls Church in Falls Church and Truro Church in Fairfax — two of the Episcopal Church's largest and most prominent — are fighting with the diocese over the control of property worth millions of dollars.

The congregations argue that they are entitled to keep their land and houses of worship because the congregations overwhelmingly voted to disaffiliate with the Episcopal Church amid a standoff over theological issues.

The diocese argues that church members who disagree theologically are permitted to leave the congregations as individuals but have no right to take church property with them.

The congregations say the law is on their side. It states a majority vote will determine whether a congregation can realign and retain its property when a church faces internal division.

Episcopal leaders argue that the state law does not apply in this case because there has been no formal division recognized by the Episcopal hierarchy.

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