[CPProt.net] Pennsylvania's Highest Court Allows Multibillion-Dollar Art Collection to Move

[Museum Security Network / Cultural Property Protection Net (Ton Cremers)]

Pennsylvania's Highest Court Allows Multibillion-Dollar Art Collection to
Move
By Debra E. Blum


Philadelphia

Pennsylvania's highest court on Wednesday issued a ruling that appears to
end more than two years of legal wrangling over the fate of the Barnes
Foundation, an art-appreciation school and multibillion-dollar art
collection in Merion, Pa.

The state's Supreme Court unanimously rejected an art student's appeal of
the institution's plan to move its painting, sculptures and other works to a
new location. The court said that the student, Jay Raymond, had no legal
right to pursue the case.

A lower court had ruled in December that the Barnes Foundation, created by
Albert C. Barnes, a Philadelphia doctor, more than 80 years ago, could make
the move even though Dr. Barnes had stated in legal documents that he wanted
the collection to be kept at his home in Merion, a suburb of Philadelphia.

In the December ruling, the judge acknowledged that some observers would
consider the move "an outrageous violation of the donor's trust." But, he
said, he found "signals" within the volumes of materials in the long court
fight that the move would be in line with Dr. Barnes' wishes for his
collection to gain greater exposure.

The judge also acknowledged the role of three local donors -- the Pew
Charitable Trusts and the Annenberg and Lenfest Foundations -- that had
pledged to help the Barnes Foundation raise money to pay for the gallery's
move. The three foundations have joined 35 other donors that have so far
promised a total of $100-million.

In the meantime, Annenberg, Lenfest, and Pew have contributed $3-million to
the Barnes over the last two years, and plan to donate another $3-million in
the coming two years to help pay for operating costs -- about $4.5-million a
year -- until the move. The grant makers had suspended payments to the
Barnes Foundation when Mr. Raymond asked to appeal the December decision.

Rebecca W. Rimel, Pew's executive director, said payments will be resumed,
as will fund-raising efforts led by Pew.

The Supreme Court had agreed to expedite the case, bypassing the state's
superior court, to alleviate financial pressure on the Barnes Foundation,
which said it would face a cash crunch if the lawsuit wore on.

Kimberly Camp, executive director of the Barnes Foundation, said she was
elated by Wednesday's decision, adding that she hopes it puts an end to
critics' assertions that the Barnes has strayed from its founders' wishes.

"Regrettably many people have never understood, never taken the time to
understand, what Dr. Barnes wanted," she said. "It's a shame it took all
this litigation to prove that what we are doing is based on Dr. Barnes' very
own words."

Pennsylvania's Attorney General Tom Corbett, whose office had sided with the
Barnes Foundation in the lower-court case and had urged the Supreme Court to
expedite its decision, said in a statement that the ruling will "positively
impact the foundation and the people of Pennsylvania."