Judge rejects group’s petition to stop the Barnes move

October 06, 2011|By Stephan Salisbury, INQUIRER CULTURE WRITER

A last-minute legal effort to prevent the Barnes Foundation in Merion from moving its spectacular art collection to Philadelphia was turned aside Thursday morning by a court order.

Judge Stanley R. Ott of Montgomery County Orphans' Court ruled that the Friends of the Barnes, an organization opposed to moving the renowned collection of impressionist and early modernist work to a new museum on the Benjamin Franklin Parkway, had no legal standing to challenge the move.

Ott made a similar ruling in a 2007 suit brought by the organization.

In its most recent petition, brought in the spring, the friends group argued that "new evidence" contained in a 2009 movie, The Art of the Steal, showed that Pennsylvania authorities connived to facilitate the move.

Ott ruled that there was no new information in the movie, citing his own 2008 ruling, which specifically touched on the supposedly new information.

Evelyn Yaari, a leader of the friends group, said Ott's ruling did not reject all the friends' arguments and did not address a key issue: whether the Barnes Foundation had to move, as contended, because of failing finances.

"The important issues in the case remain unexamined," the friends group said in a statement. "The dismantling of the Barnes is as wrong now as it always has been. Someone has to stand up for the truth, and that is what we will continue to do. Our lawyer, Sam Stretton, will file an appeal at the appropriate time."

Stretton said he was "very disappointed." He deemed the suit an unusual opportunity to examine the role of the state attorney general in charitable-trust cases.

Derek Gillman, head of the Barnes Foundation, said he was "extremely pleased" with Ott's ruling, adding that it was "consistent with the court's prior decisions."

The new Parkway building, which will house Renoirs, Matisses, Cezannes, and works of other masters, is nearing completion and is scheduled to open in May.

In their petition, the friends argued that the building was helped along by a "secret" $107 million appropriation inserted into the state's 2002 capital-redevelopment bill. The existence of the potential state funding was never mentioned during the original court hearings on the proposed move in 2004.

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