BRIZZOLARA v. SHERWOOD MEMORIAL PARK, INC.

Record No. 061496.

645 S.E.2d 508 (2007)

Andrew M. BRIZZOLARA, et al. v. SHERWOOD MEMORIAL PARK, INC., et al.

Supreme Court of Virginia.

June 8, 2007.


Attorney(s) appearing for the Case

Kevin P. Oddo (Joseph M. Rainsbury; LeClair Ryan, on briefs), Roanoke, for appellants.

Paul G. Beers (Mark E. Feldmann; John P. Fishwick, Jr.; Glenn, Feldmann, Darby & Goodlatte; Lichteinstein Fishwick & Johnson, on brief), Roanoke for appellees Randolph C. Gleason, Jean G. Taylor and Gail J. Zimmerman.

No brief filed by appellee Sherwood Memorial Park, Inc.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and RUSSELL, S.J.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the trial court properly granted summary judgment to one of two groups vying for control of a not-for-profit, nonstock corporation that owns and operates a cemetery in the City of Salem. The focus of the dispute between the groups and the principal issue presented in this appeal concerns the authority of the directors of the corporation to retire certain debt of the corporation in the form...

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