Friday, September 12, 2008

"The only party with the authority to seek to enforce those conditions is the attorney general"

So argues . . . the attorney general, in the Fisk-O'Keeffe appeal. The Tennessean reports here. Lee Rosenbaum thinks "it's time that Fisk realized that it's squandering money on a protracted, losing lawsuit that could be better spent on education (or on maintaining its distinguished art collection)."

The bulk of the argument is that the lower court was mistaken in finding that the O'Keeffe Museum, as O'Keeffe's successor, has a right of reacquisition in the collection or otherwise has standing to challenge the sale. His bottom line position is that the case should be remanded for further proceedings to determine what cy pres relief (if any) Fisk is entitled to: "It is entirely possible that a much less drastic cy pres remedy than selling the collection would satisfy Fisk's needs if Fisk is entitled to any cy pres relief at all."

The brief does not mention the fact that in early 2007 the Attorney General seemed to have approved a settlement between Fisk and the O'Keeffe Museum which would have involved the sale of part of the collection.