Source:  Anglican Ink

April 18, 2013

By George Conger

From the court’s website:

120919 The Falls Church v. Protestant Episcopal Church 04/18/2013 In a protracted and complex dispute between the Protestant Episcopal Church in the Diocese of Virginia and the Protestant Episcopal Church in the United States of America (together, the plaintiffs) and seven local congregations which disaffiliated from the plaintiffs, raising issues about whether the trial court properly applied neutral principles of law in deciding the ownership of church property, whether that application was constitutional, and whether the trial court granted the proper relief, the plaintiffs have shown that they have a proprietary interest in the property at issue, and that the fiduciary relationship required to impose a constructive trust exists under the facts presented. Thus, equity dictates that a constructive denominational trust be imposed on such property for the benefit of the plaintiffs. The judgment of the trial court with regard to the disposition of personal property acquired by the congregations after the vote to disaffiliate is reversed and that matter is remanded for further proceedings consistent with this opinion. The judgment of the trial court regarding Code § 57-7.1 is reversed. The remainder of the trial court’s judgment is affirmed.