Despite her findings of fault on the part of Fisk, Judge Lyle said they stemmed from the school’s deteriorating financial condition, adding there was “no proof” of physical damage or lack of maintenance of the collection by Fisk. Still, she was adamant about keeping a close watch over the school due to its financial condition and its proven attempts to violate its public trust as steward of the collection.

“Were the interests of Fisk, the institution, the only ones the court is required to consider, Fisk’s lapses might be dispositive of reversion,” Judge Lyle said. “But the court must also consider the public interest when dealing with reversion of a charitable gift. …The court is further required to consider that the law does not favor forfeiture. Courts of equity are cautioned to be conservative and use the least drastic remember in fashioning and equitable remedy.”

Thus, she concluded, “The appropriate equitable remedy is to leave the collection at Fisk but with the weight and authority of a permanent mandatory injunction that protects against the sale of the collection, establishes deadlines and provides notice requirements.”

Judge Lyle also ordered Fisk to pay court costs in the case, as it was the losing party.

Complying with the ruling will cost Fisk thousands of dollars, in addition to its legal costs. At the same time, it will allow the school to showcase to the public and use for educational purposes for its students one of the most impressive collections of modern art in the Southeast. The collection, which includes paintings by O’Keeffe and Marsden Hartley among others, is valued at more than $70 million. It has been in storage at another museum in Nashville since the fall of 2005.

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