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Laws-info.com » Cases » New Hampshire » Supreme Court » 2006 » 2005-191, CLAIRE BERTHIAUME & a. v. JOHN B. MCCORMACK, ROMAN CATHOLIC BISHOP OF MANCHESTER
2005-191, CLAIRE BERTHIAUME & a. v. JOHN B. MCCORMACK, ROMAN CATHOLIC BISHOP OF MANCHESTER
State: New Hampshire
Court: Supreme Court
Docket No: 2005-191
Case Date: 02/14/2006
Plaintiff: 2005-191, CLAIRE BERTHIAUME & a.
Defendant: JOHN B. MCCORMACK, ROMAN CATHOLIC BISHOP OF MANCHESTER
Preview:NOTICE:  This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00
a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
Hillsborough-southern judicial district No. 2005-191
CLAIRE BERTHIAUME & a.
v.
JOHN B. MCCORMACK, THE ROMAN CATHOLIC BISHOP OF MANCHESTER, A CORPORATION SOLE
Argued: October 19, 2005
Opinion Issued: February 14, 2006

Law Offices of Randall E. Wilbert, of Nashua (Randall E. Wilbert and Mary Lynn Roedel on the brief, and Mr. Wilbert orally), for the petitioners.
Devine, Millimet & Branch, P.A., of Manchester (Ovide M. Lamontagne and Jonathan M. Shirley on the brief, and Mr. Lamontagne orally), for the respondent.
BRODERICK, C.J. The petitioners, Claire Berthiaume, Robert Daigle, Jeanne Daigle, Theresa Santerre, Rita Bonner, Francis J. Bonner, John C. Kent, Paula Kent, Edward A. Vitagliano, and Theresa A. Vitagliano, members of the former St. Francis Xavier parish (St. Francis Xavier) of the Roman Catholic Church in Nashua, appeal the order of the Superior Court (Groff, J.) dismissing their claims against the respondent, John B. McCormack (Bishop McCormack), in his capacity as the Roman Catholic Bishop of Manchester, a corporation sole (RCBM). We affirm.
I

The record supports the following.  In 1885, St. Francis Xavier was founded by the Diocese of Manchester. In July of that year, the Jackson Company, a textile manufacturer, deeded certain land in Nashua to the Bishop of Manchester, Denis Bradley. The conveyance was made upon three express conditions contained in the deed: (1) that the Bishop build
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