MAFFEI v. ROMAN CATHOLIC ARCHBISHOP OF BOSTON


449 Mass. 235 (2007)

CATHERINE R. MAFFEI, individually & as trustee, & others vs. ROMAN CATHOLIC ARCHBISHOP OF BOSTON.

Supreme Judicial Court of Massachusetts, Middlesex.

May 25, 2007.


Attorney(s) appearing for the Case

Paul S. Hughes & Joseph J. Balliro, Jr., for the plaintiffs.

Francis J. O'Connor (Mark C. Rogers & Wilson D. Rogers, Jr., with him) for the defendant.

Sharon M. Harrington, for Council of Parishes, amicus curiae, submitted a brief.

Mary K. Ames & John M. Galvin, for Grace Corrigan & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.


MARSHALL, C.J.

In this case concerning the transfer of real estate and other property from parishioners to their diocese, the plaintiff parishioners ask us, among other claims, to rule that the spiritual authority of a clergy member over members of his faith, without more, gives rise to a cognizable fiduciary relationship, or alternatively a legal relationship of "trust and confidence." We decline to do so.

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