The court ordered Nashville judge Ellen Hobbs Lyle, the trial court judge who barred Fisk from proceeding with various sales plans, to determine whether “the literal compliance with the conditions imposed by Ms. O’Keeffe are impossible or impracticable” to meet. “If cy pres relief is available,” the appeals court said, the trial court “is to fashion a form of relief that most closely approximates Ms. O’Keeffe’s charitable intent.”
Fisk President Hazel O’Leary said in a statement the school was “obviously pleased” with the appeals court’s ruling “…but fully understand that it will take some time” to reach resolution of the case. “We believe the merit of our position is sound and [we] are poised to continue the case to its conclusion,” said O’Leary.
Tennessee Attorney General Robert Cooper, who has oft times been at odds with Fisk in court, said in a separate statement he agreed with the court’s ruling the O’Keeffe Museum could not be party to the case. That sharing of Fisk’s sentiments aside, Cooper promised his office “would continue to be vigorously engaged in this litigation to protect the interests of the community in the Stieglitz Collection.” Cooper has repeatedly questioned Fisk’s judgment in trying to dispose of the art collection.
Saul Cohen, chairman of the O’Keeffe Museum, said in a telephone interview the museum was not ready to comment on the court ruling which, in addition to denying the museum standing, ordered the museum to pay all court costs associated with the appeal. “We have to look at it, read it and consider it,” Cohen, a veteran attorney, said.
© Copyright 2005 by DiverseEducation.com
