The 11 Virginia churches that broke away from the Episcopal Church in 2006-07 had an initial victory in court last week.

Fairfax County Circuit Court Judge Randy Bellows ruled April 3 that the congregations, which now comprise the Anglican District of Virginia, properly invoked a Civil-War-era Virginia statute stating that church majorities are entitled to church property when there is a division within their denomination.

The 11 breakaway churches have affiliated themselves with the Convocation of Anglicans in North America (CANA), a missionary branch of the Church of Nigeria and other Anglican archbishops.

“It blinks at reality to characterize the ongoing division within the [Episcopal] Diocese ... and the Anglican Communion as anything but a division of the first magnitude,” Bellows wrote in his ruling.

The Episcopal Diocese of Virginia continues to maintain that the departure of the 11 congregations does not constitute a division. The diocese also points out that the related property issue concerning eight of the congregations, including The Church of the Epiphany in Oak Hill, has not yet been resolved and constitutional issues still remain.

The value of the eight properties in question is estimated at about $40 million. Both sides have already spent approximately $2 million each in litigation costs.

“One of the sad things is that the litigation – initiated by the EDV under pressure from Presiding Bishop Jefferts Schori – is not only using up valuable EDV mission dollars but is also forcing the ADV to spend corresponding amounts,” wrote Bishop David C. Anderson, president and CEO of the American Anglican Council, in a newsletter on Friday.

“In its opinion, the court explicitly acknowledged that constitutional issues remain and there will be a hearing on those issues on May 28,” the Episcopal Diocese of Virginia said of the ruling on its Web site, on the same day. “It is also important to note the court has not yet ruled on the property issues in this matter. This fall the court will consider our property claims against those who have left the Episcopal Church and yet continue to occupy Episcopal Church property while loyal Episcopalians are forced to worship elsewhere. That is simply wrong. A trial on those claims is scheduled for October.”

Jim Oakes, vice-chairman of the Anglican District of Virginia, said in a release, “We are pleased with this initial victory today. We have maintained all along that The Episcopal Church and Diocese of Virginia had no legal right to our property because the Virginia division statute says that the majority of the church is entitled to its property when there is a division within the denomination. Our churches' own trustees hold title for the benefit of the congregations.”

“Grateful as we are for this initial favorable ruling, there are more rulings to follow, so we remain prayerful and vigilant,” wrote The Rev. Luke Lucas of The Church of the Epiphany, addressing his congregation in an online newsletter.

Times Staff Writer Chris Johnson contributed to this report.