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The Roman Catholic Bishop of Manchester moves for an order enforcing an audit provision contained in a non-prosecution agreement (“agreement”) between the New Hampshire Attorney General (“Attorney General”) and the Diocese of Manchester (“Diocese”). The agreement was approved by this court on December 10, 2002. The Diocese invokes the authority of this court, pursuant to Section 8 of the agreement, to compel the Attorney General to commence and pay for an audit provided for in Section 4. After consideration of parties’ pleadings and the arguments advanced at hearing, the court rules as follows.

Dartmouth College was founded in 1769. Under the Dartmouth College Charter, the College is governed by a Board of Trustees (“Board”). Between 1769 and 1891, the Trustees of Dartmouth College designated their own successors, who exercised authority and responsibility over the College governance without participation from College alumni. Starting in the 1860s, the Association and its members began pressing the College for alumni participation on the Board. (Petition ¶8). The dialogue between the Association and the College continued throughout the 1860s, 1870s and 1880s. (Pet. ¶¶ 9, 10, and 11). In June of 1891, the College and the Association reached an agreement that became known as the “1891 Agreement” (hereinafter referred to as the “Agreement”).