Judge Overrules Motion to Dismiss Lawsuits

August 10, 2007

Today in Fairfax Circuit Court, Judge Randy I. Bellows overruled a motion to dismiss lawsuits filed by The Diocese of Virginia and The Episcopal Church against 11 congregations that voted last year to leave The Episcopal Church and attempt to take Episcopal Church property.

The decision to overrule the motion to dismiss came at the end of a four-hour hearing in Courtroom 4-C. In addition, two-hours into the hearing, The Diocese of Virginia and The Episcopal Church agreed to allow individuals named in the lawsuits to be taken out of the suits on assurance that those individuals and their successors will be bound by the rulings of the court on diocesan and Church claims concerning property.

“Our only aim in including these individuals was to make sure the proper parties were before the court so that the relief and remedies we seek could be properly sought and obtained,” said Patrick Getlein, secretary of the Diocese. “The assurance to be bound by the rulings of the court achieves that objective.”

Those individuals whose names were removed today include the vestry and rector of each congregation. Trustees remain named in the suits only in their capacity as holders of title.

“We are pleased with today’s rulings and the agreement on removing the names of individuals from the suits. But by no means is the work here done,” said Mr. Getlein. “There are still individuals and congregations who have been dispossessed and literally locked out of their churches. Their exile continues.”

A more comprehensive account of the proceedings is available from Episcopal News Service at http://www.episcopalchurch.org/81803_89007_ENG_HTM.htm.

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