BabyBlueOnline: A Very Good Day
Friday, August 10, 2007

BB NOTE: Just back from an afternoon in the Fairfax Circuit Court. Here's the update of what happened this afternoon. Thank you for your prayers - the Lord is good.

After extensive argument over the plea of statutory immunity, the court was prepared to rule but suggested that the parties work out an agreement. After recess, the Diocese of Virginia and the Episcopal Church agreed to dismiss all of the vestry members and rectors as defendants without prejudice and the individuals agreed to honor any determination of the court regarding the plaintiffs’ property claims, subject to their rights of appeal of any adverse ruling.

“We are appreciative that after all these months, our volunteer Vestry members and our pastoral leadership are no longer named defendants in lawsuit filed by the Diocese and the Episcopal Church,” said Tom Wilson, Senior Warden of The Falls Church.

As to the ownership of the property, the court stated that it was making a very narrow ruling. The court found that, at this preliminary stage in the litigation, the complaints filed by the diocese and TEC state a sufficient claim to an interest in the property for those claims to proceed to trial where the TEC and the diocese will have to put on actual evidence to support their allegations. The court emphasized that it was not making a determination as to any rights, but simply that the complaints alleged enough to get TEC and the diocese past a preliminary motion to dismiss. the rest