Lawyers for Virginia’s Episcopal Church and about a dozen splinter congregations will wrangle in court Tuesday over a key legal issue at the core of which side ultimately gains control of tens of millions of dollars worth of disputed property.

This week’s trial, which will weigh both sides’ interpretation of religious property rights statutes in Virginia code, represents a major step in a legal dispute that could last well into next year.

It began last December and January when 11 conservative Virginia Episcopal churches voted to split from the Diocese of Virginia. The break, which culminated decades of ideological disagreement, came after the consecration of a gay bishop in New England four years ago.

The dissident churches — which include the Truro in Fairfax and The Falls Church in Falls Church - joined an Anglican sect affiliated with a conservative African archbishop.

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The diocese sought soon afterward to reclaim eight properties held by the dissident churches in Fairfax County Circuit Court.

“We’d rather not be slugging it out in secular court,” said Jim Oakes, vice chairman of the Anglican District of Virginia, which includes the 11 churches. “We’d much rather find an amicable way to settle this.”

He estimated the combined value of the properties at $30 million to $40 million.

In question this week is whether Virginia code 57-9, which addresses “how property rights [are] determined on division of church or society,” pertains to the Northern Virginia church split. If a judge eventually rules that the statute does apply in the way the dissident churches claim, it could seriously undermine the diocese’s attempts to reclaim the properties.

wflook@dcexaminer.com

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