...it was just a matter of when. The feebs at the Barnes Foundation have decided not to pursue an appeal. How can they fight so hard to keep it and then just "roll over"?
‘Friends’ Will Not Appeal Ruling
By MARGARET GIBBONS , Times Herald Staff
COURTHOUSE — The grassroots Friends of the Barnes Tuesday announced that it will not appeal a Montgomery County Court ruling barring the organization from re-opening litigation that cleared the way for the renowned Barnes art collection to be moved from Lower Merion to a new museum in Philadelphia.
The announcement comes on the heels of a similar decision by Montgomery County to abandon its legal effort to re-open the same litigation.
The Friends of the Barnes’ decision comes as no surprise because its members have said they believed that, of the two, the county had the best chance of succeeding.
Both the county and the Friends of the Barnes last year filed petitions to intervene, with an eye towards re-opening the litigation and providing new arguments as to why the $6-billion’s worth of Impressionist art should be kept in Lower Merion.
County Orphans’ Court Judge Stanley R. Ott, in denying both petitions to intervene, last month ruled that neither the county nor the Friends group had status under the law to intervene in the case.
After reviewing that ruling, Commissioners Chairman James R. Matthews and Commissioner Joseph M. Hoeffel III decided that an appeal of Ott’s ruling had little chance of success and that further legal action could result in the courts imposing financial sanctions against the county for taking what could be considered a frivolous appeal.
Commission Bruce L. Castor Jr. was the lone commissioner who favored an appeal, claiming there was little likelihood that the county would be sanctioned for exercising its right to appeal.
With no timetable for the move and the museum not yet built in the city, both the commissioners and the Friends group said they will pursue alternative measures to keep the art collection in Lower Merion. These measures include trying to negotiate a compromise with Barnes trustees to legislative action to try and block state funding for the move.
The Barnes museum, which owns artwork that includes paintings by Matisse, Renoir and Cézanne, is located in Lower Merion on property owned by the late Dr. Albert C. Barnes.
Struggling financially, the Barnes Foundation went to the county court in 2002 to get approval to relocate the art collection to a new gallery that will be built in Philadelphia to make the museum more economically viable. Court approval, which was subsequently given in 2004 after protracted litigation, was necessary because Barnes, in his will, had specifically detailed that the collection remain in place.
Since that court ruling, the county has offered to take out an approximate $50-million loan and then use that money to purchase the Barnes properties, leasing those properties back at the yearly cost of the county’s debt service.
The trustees could invest the $50 million at a higher interest rate, using that revenue to pay the lease costs and using the remaining revenue for an endowment.
Also, the township has passed less restrictive regulations concerning the museum operation, including allowing more visitors, to beef up the museum’s revenues.
Margaret Gibbons can be reached at mgibbons@timesherald.com or 610-272-2501 ext. 216.
Read Full Text/Comments
Wednesday, June 18, 2008
I Knew This Was Coming...
Thursday, June 12, 2008
More Barnes News
County may appeal ruling on Barnes Foundation move
6/11/2008, 7:53 p.m. EDT
The Associated Press
FORT WASHINGTON, Pa. (AP) — Montgomery County commissioners may decide to appeal a judge's ruling refusing to hold new hearings on moving The Barnes Foundation's renowned art collection.
Dr. Albert Barnes' will said his art collection had to remain exactly where it was on his suburban estate. The foundation went to court to break the will, arguing that the only way it could stay afloat financially was to move the collection to downtown Philadelphia. That would put it closer to other tourist attractions and get around suburban rules restricting the number of visitors. A judge ruled in 2004 that the collection could move.
Opponents of the move want new hearings on the decision, but the judge said last month he wouldn't hold them. Montgomery County commissioners may decide at Thursday's meeting to appeal that.
Read an article from the Times Herald dated 6/12/08: Kerns Goes to the Barnes
And here is the rest of it. Read Full Text/Comments
Wednesday, June 11, 2008
MCRC News Release, Vol 1, Issue 2
MONTGOMERY COUNTY GOP CHAIRMAN CALLS ON COMMISSIONERS TO HONOR CAMPAIGN PROMISE AND APPEAL BARNES DECISION
Contact: Robert J. Kerns 610-279-9300
June 11, 2008 -- Montgomery County Republican Committee Chairman Robert J. Kerns today urged the County Commissioners to abide by their campaign promises and do everything in their power to keep the world-renowned Barnes Museum in its current location in Lower Merion.
The Commissioners must decide no later than Monday June 16th to appeal an adverse court ruling on the matter. Yesterday a coalition of people known as "the Friends of the Barnes" met with Commissioners Matthews, Castor and Hoeffel to urge them to appeal the ruling. At that meeting, Commissioner Castor, a lawyer, former District Attorney, and Shareholder/Director of the Blue Bell based litigation firm of Elliott, Greenleaf and Siedzikowski presented a legal analysis of the merits of an appeal. Castor concluded that the issue is not "settled law" as it related to the ability of a county government to bring a court action of this type, and further determined that the County could not possibly face any "sanctions" from the court for taking an appeal since Pennsylvania law allows losing parties to appeal without fear of reprisals.
Upon reading a news account of the meeting the commissioners had with Friends of the Barnes, Kerns asked Castor his legal reasoning. Kerns, a lawyer and former county solicitor (who worked with Commissioner Hoeffel) concurred with Castor's conclusions: "It would be a tragedy for the county to lose the Barnes. There is absolutely no down side to the county filing an appeal. Commissioner Castor's legal analysis is right on the money. Every litigant is entitled to an appeal."
In May, a Montgomery County Judge ruled that a county lacked "standing" to bring a court action to try and keep the collection from being moved to Philadelphia. However, that question has not yet been addressed by the state supreme court. The trial judge relied on a court decision from a court lower than the supreme court in making its determination that the county lacked standing. The judge also ruled that the county had a reasonable basis for bringing the suit and that therefore no "sanctions" were warranted.
Concluded Kerns: "All the commissioners are on record saying they would do whatever they could to 'save the Barnes.' Now is the time to step to the plate."
Read Full Text/Comments
Monday, June 9, 2008
CASTOR TOURS BARNES FOUNDATION COLLECTION IN PREPARATION FOR MEETING WITH FRIENDS OF BARNES
The Montgomery County Commissioner is “overwhelmed” by the collection.
Montgomery County Commissioner Bruce L. Castor, Jr. accepted an invitation extended by Lower Merion Commissioner Lance Rogers to tour the Barnes Foundation collection on Sunday, June 8th.
“I was certain the Barnes was an asset to our county and was important to the residents of Lower Merion before. Now that I have seen the collection in person I must say my resolve has been strengthened to do everything in my power to see that the Barnes collection remains in Montgomery County where Dr. Barnes intended it to be.” said Castor.
“It was Lance who called me and suggested I tour the Barnes and see for myself what a treasure we would be allowing to leave our county. I was overwhelmed. I will strenuously argue that we should do all in our power to keep the Barnes in this county. I hope my colleagues see things the same way” Castor said.
The Montgomery County Court of Common Pleas ruled on May 15 that the county lacked standing in the fight to keep the priceless collection of artwork in the county. Castor has urged his colleagues to appeal the court decision prior to the June 16th deadline. Over Castor’s strenuous objection his fellow commissioners allowed the deadline to file for reconsideration to pass.
The County Commissioners will meet with representatives from the Friends of the Barnes foundation tomorrow.
The Barnes Foundation was established by Albert C. Barnes in 1922 to "promote the advancement of education and the appreciation of the fine arts." Located in a twelve-acre arboretum, the Foundation is home to one of the world's largest collections of Impressionist, Post-Impressionist and early Modern paintings, with extensive holdings by Picasso, Matisse, Cézanne, Renoir and Modigliani, as well as important examples of African sculpture. The Gallery and Arboretum are open to the public.
Contact:
Bruce L. Castor, Jr. 610-278-3028
Lance Rogers 610-649-1880
(end of release)
Read Full Text/Comments
Wednesday, June 4, 2008
Castor/Hoeffel Treated Like Mushrooms About Barnes Decision...
...you know, kept in the dark and fed bullsh*t.
Castor: I Was Not Consulted About The Barnes Case
By: Jeff Cobb , For The Bulletin
Montgomery County Commissioner Bruce Castor (R) says he was not consulted about the county's decision not to appeal a court ruling regarding the Barnes Foundation.
Last week, The Bulletin reported the commissioners would not appeal a May 15 ruling by Montgomery County Orphans Court rejecting their request to reopen a case from 2004 that had granted the Barnes permission to move. Judge Stanley Ott ruled that neither the county, nor co-petitioner the Friends of the Barnes Foundation, a citizens group, had legal standing.
The county had 30 days to appeal, and Wednesday its decision had been relayed by County Solicitor Carolyn Carluccio. She told The Bulletin that she had been clearly informed by commissioner chairman James R. Matthews (R), who in turn spoke for the commissioners.
According to Mr. Matthews yesterday, however, it was simply a mistake.
"I think she made an assumption," Mr. Matthews said. "I don't normally speak without having a majority opinion behind me."
Ms. Carluccio could not be reached for comment.
Yesterday, Mr. Matthews said he still doubts the county will appeal. He said taxpayers might have to pay for sanctions if the judge takes issue with a request for reconsideration without the county doing more to establish standing.
Ms. Carluccio said last week she felt strongly that the county should have been granted standing, but the commissioners had made their decision.
But this was news to Commissioners Castor and Joe Hoeffel (D).
"I was stunned to read in Thursday's Bulletin that the deputy county solicitor was directed to cease efforts to keep the Barnes in the county by Chairman Matthews. He never discussed it with me," Mr. Castor said in a press release.
Continuing, he said, "My phone has been ringing off the hook from upset residents of Lower Merion who are outraged over this apparent about face. I am equally distressed that this decision is being represented as though the commissioners discussed it. We most certainly did not, despite having an extended meeting together on Wednesday. Commissioner Matthews never raised this issue at any meeting in which I was present."
Yesterday, Mr. Castor went on to say Mr. Matthews spoke on the Barnes topic for him and Mr. Hoeffel presumptuously.
"He doesn't have the authority to do so, but he thinks he does," Mr. Castor said. "We are supposed to make important governmental decisions in a public meeting. ... I don't know what Commissioner Matthews' rationale for not going forward was."
Likewise, Mr. Hoeffel said his reading about Mr. Matthews' statement came as news. While saying he does not think the county's chances are good, he said the issue needed to be properly discussed.
"The three of us have not talked about it and made an official position," Mr. Hoeffel said, "I got an e-mail from Bruce [Castor] today saying that he thinks this is something we should appeal."
"I'm flat out opposed to dropping the legal appeals if there are any remedies available to us," Mr. Castor said. "Based on what I know I think that there are."
Mr. Castor said he was guided by desire to abide by his constituents' will, and out of concern for legal precedents that could deter others from future donations or establishment of trusts.
Mr. Castor said Dr. Albert C. Barnes had entrusted his collection very specifically to reside forever in Montgomery County. His concern was for a potential chilling effect the confidence by potential donors based on how this case plays out.
Mr. Matthews said however unless some new arguments can be presented establishing standing, his vote is to quit while they are ahead.
He said he had been the first of the three to pioneer and champion the Barnes case, and keeping with tradition, "Pioneers get the first arrow." (Whiskey–Tango–Foxtrot does that mean?)
Jeff Cobb can be reached at jeffjcobb@yahoo.com.
Read Full Text/Comments
Castor Urges County to Continue Barnes Fight
By MARGARET GIBBONS, Times Herald Staff
COURTHOUSE — Montgomery County Commissioner Bruce L. Castor Jr. Monday called on his fellow commissioners to continue the legal battle to keep the renowned Barnes art collection in Lower Merion.
Castor said that, as a candidate for commissioner last year, he pledged to do everything legally possible to keep the approximate $6-billion’s worth of Impressionist art from moving to a new, but not yet built, museum in Philadelphia.
“I will remain true to my commitment and urge my colleagues to continue exhausting all legal remedies to keep the Barnes in Montgomery County,” said Castor, a lawyer.
Castor’s comments came on the heels of a report that Commissioners Chairman James R. Matthews has directed the county solicitor’s office not to further pursue the matter following last month’s unfavorable ruling by Montgomery County Orphans’ Court Judge Stanley R. Ott.
Ott in that ruling rejected petitions by the county and the grassroots Friends of the Barnes to intervene and reopen litigation that previously cleared the way for the move.
Matthews could not be reached for comment Monday. (Click on link below to see more)
Commissioner Joseph M. Hoeffel III said that, while the commissioners did not discuss the issue, “I am not inclined to appeal.”
County Chief Deputy Solicitor Carolyn T. Carluccio, who represented the county in the petition to intervene, has told others that the county likely would not win on an appeal, according to Hoeffel.
“I am concerned that if we appeal and the court determines our appeal frivolous, we could be open to financial sanctions and I don’t want taxpayers to have to pay,” said Hoeffel.
However, he added, he is willing to sit down with Castor and the Friends to further discuss the matter.
The Barnes museum, which owns artwork that includes paintings by Matisse, Renoir and Cézanne, is located in Lower Merion on property owned by the late Dr. Albert C. Barnes.
Struggling financially, the Barnes Foundation went to the county court in 2002 to get approval to relocate the art collection to a new gallery to be built in Philadelphia to make the museum more economically viable.
Court approval, which was subsequently given in 2004 after protracted litigation, was necessary because Barnes, in his will, specifically stipulated that the collection remain in place.
Recognizing the importance of retaining the collection in the county, the county commissioners last year made an offer to take out a $50-million tax exempt loan to purchase the Barnes land and museums. Under that proposal, the Barnes Foundation could invest that money at a higher rate of interest, using these earnings to pay the county a yearly rental fee equal to the county’s debt service on the bond issue.
Also, other earnings from the invested $50 million could serve as an endowment against which the foundation could borrow if necessary.
This proposal coupled with relaxed visitor regulations established by the township and grants that would be available if the museum were designated as a national historic site would eliminate any financial need for the move, according to the county and Friends group.
The Foundation and trustees rejected what they termed as these “beyond 11th hour” proposals.
Relying on the court’s 2004 decision, the Foundation has secured the funding it needs for the move as well as a $50-million endowment. Also, it has negotiated a 99-year lease with the city for the art gallery and commissioned an architect to design the gallery, he said.
Margaret Gibbons can be reached at mgibbons@timesherald.com or 610-272-2501 ext. 216.
Read Full Text/Comments
