Raw Material: DioVA Complaint against Truro Church

I’m sure the HoB enjoys our ability now to see what they are doing nationally.  I’m sure it makes the ‘game playing’ they do a little less easy - which doesn’t make me sad one bit.

I am so thankful for this, as well as many other Anglican blogs.

I am saddened that Troutman Sanders accepted this case.  They have attorneys in Northern Virginia that are not of this ilk, and the firm should have politely declined.

I see that Troutman Sanders is handling this case for the Diocese. T-19 reported this on March 09, 2006.

http://titusonenine.classicalanglican.net/?p=11793

In the ENS press release Russ Palmore is identified as a member of the Executive Council at 815 and is the chancellor to the Diocese of Virginia.

Mr. Palmore is not one of the four attorneys, all with Troutman Sanders, whose names are listed as attorneys for the Diocese, however he is a partner in the Richmond office.

The firm’s website contains this information about Mr. Palmore:

“Representation of CSX Transportation, Inc. for more than 25 years in trauma and occupational tort cases.”

How ironic! This means they have an attorney who specializes in train wrecks!

All the more reason not to give TEC a penny! I refuse to pay for the persecution of my faithful Virginia brothers and sisters!

Psalm 37!

Piedmont - hilarious.

How ironic! This means they have an attorney who specializes in train wrecks!

As long as the firm doesn’t also specialize in railroading their opponents!

Sidebar: Mr. Palmore was also a member of the Special Committee appointed by +Lee…the committee that UNANIMOUSLY agreed to the Protocol for Departing Churches, believing that they had accomplished a near miracle in coming to that agreement, and trusting that they done precisely as the bishop had asked. I can only imagine that Mr. Palmore must be in a deeply uncomfortable and compromised position right now, especially if/when he has to face fellow committee members in drastically different circumstances. I am feeling very sad for him. There seems to be more than enough betrayal in the TEC accounts to share with everyone. Even their own.

I’m not a Virginia attorney, nor do I play one on TV.  But, it seems to me that a trial judge would be likely to throw out all the dioceses’s allegations about the canons, not wanting to act like an ecclesiastical court.  The diocese admits, as it must, that the Truro Church holds recorded title.  The real issue seems to be who is the Truro Church and who can act for it.  The state will have laws governing non-stock corporations, and that is where I think we should look first.  If the corporation acts contrary to statute or its charter, that would be a problem.  If it acts contrary to another corporation’s charter (in this case the diocese’s or TEC’s) no big deal.

AnnieCOA (above) - “I can only imagine that Mr. Palmore must be in a deeply uncomfortable and compromised position right now, especially if/when he has to face fellow committee members in drastically different circumstances.” - HELLO.  Mr. Palmore is a LAWYER.  Lawyers pull this off many times a day all over America.

It seems as if the entire case revolves around this:

12.  Neither the General Convention of the Episcopal Church nor the Annual Council of the Diocese has taken steps to create a division of The Episcopal Church or the Diocese, and there has been no “division” within The Episcopal Church or the Diocese within the meaning of VA Code 57 -9.

Here’s 57-9:

§ 57-9. How property rights determined on division of church or society.

A. If a division has heretofore occurred or shall hereafter occur in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority of the whole number, determine to which branch of the church or society such congregation shall thereafter belong. Such determination shall be reported to the circuit court of the county or city, wherein the property held in trust for such congregation or the greater part thereof is; and if the determination be approved by the court, it shall be so entered in the court’s civil order book, and shall be conclusive as to the title to and control of any property held in trust for such congregation, and be respected and enforced accordingly in all of the courts of the Commonwealth.

(Code 1919, § 40; 1972, c. 825; 2005, cc. 681, 772.)

Perhaps this definition of “division of a church or society” within VA Code 57 -9 is forcing DioVA and TEC to rush a bit.

IF the Primates in Tanzania set up some alternate structure for orthodox Anglicans in the USA, then there would be a visible division…de facto if not de jure... for the Virginia Courts to consider.

Justin—I don’t know how helpful it will eventually be in Virginia, but it would help some.  That is one reason Tanzania is so important-and why the orthodox who oppose immediate action are, unwittingly, TEC’s best allies at the conference.