Jay, the MoF 109E was sold to Canadian Ed Russell who, as you said, won a huge settlement against Disney concerning a stolen theme park idea apparently. As a jab at Disney Ed has a small Mickey Mouse cartoon painted on his Spitfire! At any rate, it was too bad the airplane left the US but the good news is that Mr. Russell is not making the airplane a static exhibit. He recently had an airshow which highlighted his collection. (which inlcudes the 109, a Spitfire, and a Hurricane among others) Here is a link to some pics from that show followed by a link to some video of the 109 flying.
http://forum.keypublishing.co.uk/sho...ght=ED+RUSSELL
http://www.t6-team.de/filme/bf109e.wmv
Concerning flyable 109s in the US, Paul Allen has one which is ready to fly and may have flown already. I assume the airplane will become a part of his museum in Seattle and hopefully will be maintained airworthy and flown as his Mustang, Spitfire, and others are. A pic can be seen here:
http://www.airsceneuk.org.uk/scene/109/1.htm