At issue is the real and personal property of 11 Episcopal churches. In each case, that property currently is occupied and used by non-Episcopal congregations. Four continuing Episcopal congregations have been denied use of their property, locked out of their buildings, deprived of their rights to that property and forced into exile.

By agreement of the parties, all cases were consolidated in Fairfax Circuit Court, and they have been assigned to Judge Randy I. Bellows. On this site, you will find various court filings related to the litigation.

CANA Court Petitions CANA court filings seeking to take property under Virginia Code Section 57-9. This is the petition filed by The Falls Church, Falls Church, seeking a declaration that real property belongs to the congregation. Each CANA congregation filed virtually identical petitions.

Opposition to the CANA petitions Motion to Intervene (Diocese) This motion was filed against Church of Our Saviour, Oatlands, (COSO) the only one of the 11 congregations not to consent to the Diocese and the Episcopal Church defending their interests in the case. COSO eventually dropped its opposition, and the motion was removed from the docket. Answer to Petitions (Diocese) Answer to Petitions (Episcopal Church)

Complaints Original Complaint (Diocese) This is the complaint filed by the Diocese a month after the votes at The Falls Church, Falls Church. The complaints filed against the 10 other churches are substantively identical. Original Complaint (Episcopal Church) This is the complaint filed by The Episcopal Church a month after the votes at The Falls Church, Falls Church. The complaints filed against the 10 other churches are substantively identical.

Demurrers and Pleas in Bar (CANA) This was the initial filing by each congregation, seeking to have the Court dismiss the Complaints. This is the filing of Truro, Fairfax. The filings by the other 10 churches were basically identical.

Brief in Support of Demurrers and Pleas in Bar (CANA)
Brief in Opposition (response to CANA brief) (Diocese/Episcopal Church)
Reply Brief (CANA)

Court Orders

1. Overruling the Demurrers and upholding the relevance of the Constitutions and Canons of the Episcopal Church and the Diocese.
2. Removing Named Individuals from Complaints without prejudice and providing that they are bound by rulings in these cases (agreed upon by the parties).

Answers and Counterclaims (CANA) After the Court overruled their demurrers, the congregations filed answers to the Diocese's Complaints and related counterclaims.

Diocese's Responses to Counterclaims

Answer & Demurrer

Trial Regarding Virginia Division Statute (Va. Code § 57-9)
By agreement of the parties, the Court determined that it would first address issues related to the applicability and interpretation of the Virginia statute under which the congregations claim to be entitled to the property. The trial is scheduled for trial November 13-15, 19-21, 2007.

Brief on Scope of 57-9 Trial (Diocese/Episcopal Church)
Brief on Scope of 57-9 Trial (CANA)
Reply Brief on Scope of 57-9 Trial (Diocese)
Reply Brief on Scope of 57-9 Trial (Episcopal Church)
Reply Brief on Scope of 57-9 Trial (CANA)

Court Ruling on Scope of 57-9 Trial Excerpts from the transcript of the September hearing on the scope of the November trial outline the Court's position after hearing oral arguments from attorneys for the CANA congregations and for the Diocese and Episcopal Church. In summary: the trial will focus on the interpretation and application of Virginia Code section 57-9 and definitions of terms contained in the statute including "division," "branch," "attached," and what it means for a church to be hierarchical within the framework of that section of the Virginia code.

Court Order in re Evidence on the title to real and personal property On Oct. 26 the Court ordered that the November 57-9 trial will not involve evidence on the title of the real and personal property at issue.

CANA Witness List

The Diocese of Virginia Witness List

Post-trial Briefs At the conclusion of the November trial on the interpretation and application of Virginia Code 57-9 to the CANA congregations' effort to appropriate Episcopal Church property, the judge ordered that each side file three post-trial briefs which restate each side's argument and also address constitutional issues according to the following deadline schedule: Dec. 31; Jan. 11; Jan. 17. The briefs will be made available through the links below which will be activated as briefs are filed.

Diocese Post-Trial Brief No. 1
CANA Post-Trial Brief No. 1
Diocese Post-Trial Brief No. 2
CANA Post-Trial Brief No. 2
Diocese Post-Trial Brief No. 3
CANA Post-Trial Brief No. 3

Attorney General Moves to Intervene On Thursday, Jan. 10, Attorney General Robert McDonnell filed a motion to intervene in the dispute to defend Virginia law and oppose the position of The Episcopal Church and The Diocese of Virginia.

The Judge has asked that the Diocese and The Episcopal Church respond with their position on the motion on Thursday, Jan. 17. The Attorney General's Motion The Attorney General's Brief Response to motion (Diocese/Episcopal Church)

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