In late November 2007, Judge Randy I. Bellows presided over the first phase of litigation regarding Episcopal property in Virginia. The Trial was held in Fairfax Circuit Court and focused on the civil actions (also known as 57-9 filings for the section of the Code of Virginia) filed by the leadership of the CANA congregations in an effort to take Episcopal Church property with them when they decided to leave the Church.

The Diocese of Virginia and The Episcopal Church defended Episcopal Church property, stating that no division in the Church has occurred.  While members of the Church are free to leave, the CANA congregations acted inappropriately when they asked the Court to let them take Episcopal Church property with them.

Judge Bellows has not indicated when he will rule on the 57-9 matter, but on Friday, January 4, 2008, he heard a motion filed by The Diocese of Virginia and The Episcopal Church to proceed with our cases – the second phase of the trial – seeking declaratory judgment regarding the property. The Diocese and The Episcopal Church are seeking a ruling that requires the CANA congregations to vacate Episcopal property.  While Judge Bellows ruled that discovery would remain suspended while he was deciding the 57-9 applicability issues, he did order that a trial date be set for our cases. He indicated the earliest the Court could hear the cases would be September or October of 2008. He directed the parties to file proposed dates by Friday, January 11.

As part of the motion heard last Friday, the Diocese reminded the court that a “substantial number of loyal Episcopalians … have been displaced and are without a home for worship as a result of the actions of the CANA congregations.” Without ruling on that point, Judge Bellows indicated that setting a trial date would address that concern.
 
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