6/10/2010

Resolution nearer in Virginia following correctives from Virginia Supremes

The Virginia Supreme Court said the Circuit Court erred in the matter of the dispute between the Diocese of Virginia and The Episcopal Church vs. CANA, and required the Circuit Court "conduct further proceeding thereon consistent with the views expressed in this opinion."

So it is back to the lower court

Here is what the last two paragraphs of the judgment say:

"In light of our holding that the circuit court erred in granting the Code § 57-9(A) petitions, the control and ownership of the property held in trust and used by the CANA Congregations remains unresolved. Accordingly, the declaratory judgment actions filed by TEC and the Diocese, and the counterclaims of the CANA Congregations in response to those suits, must be revived in order to resolve this dispute under principles of real property and contract law."

"CONCLUSION
For these reasons, we will reverse the judgment of the circuit court and remand with direction to dismiss the CANA Congregations’ Code § 57-9(A) petitions. We will further direct the circuit court to reinstate the declaratory judgment actions filed by TEC and the Diocese and the counterclaims of the CANA Congregations to those actions, and conduct further proceedings thereon consistent with the views expressed in this opinion."

It is not over, but on its way to conclusion. Pray for all involved.

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