Art Law Report

Not so Fast—Intervention into Corcoran Cy Pres Case Allowed for Current Students and Employees, “Save the Corcoran” Turned Away

Posted by Nicholas O'Donnell on July 21, 2014 at 9:49 AM

The Washington Business Journal‘s Rebecca Cooper tweeted today from the courtroom today that District of Columbia Superior Court Judge Robert Okun has allowed in part the motion to intervene in the Corcoran Gallery cy prés petition. Reports are that current students of the College of Art + Design, as well as current Corcoran employees were allowed to intervene, while intervention was denied to the organization “Save the Corcoran” and past employees and students.

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Topics: Donn Zaretsky, Deaccession, Washington Business Journal, National Gallery of Art, Save the Corcoran, George Washington University, Lee Rosenbaum, Rebecca Cooper, Cy Pres, Judge Robert Okun, District of Columbia Superior Court, Corcoran College of Art + Design, District Attorney General Irvin Nathan, Trusts, Corcoran Gallery, District of Columbia, Museums

District of Columbia DA Supports Corcoran Cy Pres Petition, Focuses on Potential Sanctions for Deaccession

Posted by Nicholas O'Donnell on July 17, 2014 at 10:19 AM

The Washington, DC District Attorney Irvin Nathan has filed his brief concerning the Corcoran Gallery’s cy prés petition to reform the museum and College of Art + Design with the National Gallery of Art and George Washington University. To put it succinctly, “The District supports entry of the Proposed Order because the proposed cy pres relief will allow the Corcoran’s assets to continue to be used in D.C. consistently with the charitable purposes to which they have been dedicated.” The brief also addresses and bears on the question of the “Save the Corcoran” motion to intervene and standing, which will be argued tomorrow (which the underlying petition will not). The DA brief leans heavily on the downside of the alternative: deaccession leading to industry sanction, which may be a little circular.

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Topics: Deaccession, National Gallery of Art, Save the Corcoran, George Washington University, Cy Pres, Corcoran College of Art + Design, District Attorney General Irvin Nathan, Trusts, Corcoran Gallery, District of Columbia, Museums

Corcoran Trustees Respond to “Save the Corcoran” Motion to Intervene, Argue That Challengers Lack Distinct Interest

Posted by Nicholas O'Donnell on July 15, 2014 at 7:43 AM

The trustees of the Corcoran Gallery and the Corcoran College of Art +Design have responded to the recent motion by a group of students, faculty, staff, and interested supporters have filed a motion to intervene in the Corcoran’s cy prés petition to merge with the National Gallery of Art and George Washington University. The proposed interveners, led by a group called “Save the Corcoran,” argues that the modification is unjustified and fails to take alternatives into account. More seriously, the motion to intervene accuses the trustees of “peculiar and egregious mismanagement.” We reviewed the motion when it was filed. While it goes over the case against merger, the challenge they face is demonstrating a specific and particular interest not already represented by a party to the case. One never knows, but that seemed unlikely to us. Even if unsuccessful, however, the motion lays out a passionate case against the merger that will be in the record one way or another.

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Topics: Deaccession, National Gallery of Art, Save the Corcoran, George Washington University, Cy Pres, Corcoran College of Art + Design, District Attorney General Irvin Nathan, Trusts, Washington Post, Corcoran Gallery, District of Columbia, Museums

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