FAIRFAX COUNTY

Judge Rules For Dissidents In Episcopal Property Fight

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By Michelle Boorstein
Washington Post Staff Writer
Saturday, December 20, 2008

A Fairfax County Circuit Court judge ruled in favor yesterday of dissidents who challenged the Episcopal Church for ownership of tens of millions of dollars in Virginia church property.

Judge Randy I. Bellows's decision marks the end of the 13-month trial and the beginning of what could be a long appeal in the nationally watched case. It is part of a worldwide conflict in the Anglican Communion.

Bellows had issued other key rulings in the case, deciding that 11 congregations had legally "divided," triggering a split of property. He also upheld the constitutionality of a state law that governs what happens to real estate when houses of worship divide.

Those were the broader victories for the dissidents, who say the Episcopal Church has grown too permissive on issues such as sexuality and the role of Jesus in salvation.

Yesterday, Bellows said the state law applies to the nine church properties that remain at stake. Two congregations that were part of the lawsuit had previously reached settlements out of court.

The Episcopal Church and the diocese have said they plan to appeal the law's constitutionality -- and most of Bellows's rulings -- to the state Supreme Court. Yesterday, they said scholar A.E. Dick Howard, who oversaw the writing of Virginia's constitution, had joined their legal team.

The one victory for the Episcopal side was Bellows's ruling yesterday that the state law does not apply to the endowment of The Falls Church, which is worth hundreds of thousands of dollars. Bellows said he would address the endowment after the appeal of the real estate is decided.



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