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Latest Cases & Developments
Date:
Savannah State Univ. Found. v. Lewis (Ga. App. Nov. 17, 2023)
Opinion reversing denial of Defendants’ Motion for Summary Judgment. Defendants are the Savannah State University Foundation, Inc. and the Savannah State University Foundation Real Estate Ventures, LLC, of which the Foundation is the sole member. The LLC leases the “University Village,” an apartment facility built on land leased to it by the Board of Regents of the University System of Georgia, to Savannah State University (SSU) for use as student housing. Plaintiff brought premises liability, nuisance, and related claims against the Foundation and the LLC after her son was shot and killed while visiting friends at the University Village. Defendants moved for summary judgment, asserting that neither was in control or possession of the property at the time. The trial court denied the motion, but the Court of Appeals of Georgia reversed, holding that neither restrictions in the lease on how SSU may use the property nor rights to enter and inspect the property, which were reserved to protect the LLC’s ownership interests rather than any possessory interests, were sufficient to raise issues of material fact regarding whether the LLC retained possession or control of the property.
Topics:
Foundations & Affiliated Entities | Governance | Litigation, Mediation & Arbitration | Tort LitigationDate:
Fla. Atl. Univ. Bd. of Trs. v. Harbor Branch Oceanographic Inst. Found. (Fla. App. Sep. 20, 2023)
Opinion affirming the judgment of the trial court. In 2007, Florida Atlantic University and the Harbor Branch Oceanographic Institute Foundation, Inc. signed a Memorandum of Understanding (MOU) providing that the Foundation would become a direct-support organization (DSO) of FAU. The MOU provided that FAU would appoint two members of the Foundation’s Board of Directors and that the Board would retain discretion over distribution of funds from the Foundation. The Florida Board of Governors subsequently changed its regulations on approval of DSO budgets, and the Florida Legislature amended the statute on DSOs and DSO board appointments. In affirming the judgment of the trial court, the Florida Court of Appeals held that the amended DSO statute unconstitutionally impaired the MOU and that FAU had not sufficiently asserted a public policy interest in DSO oversight that was not already addressed by the two Board appointments provided for in the MOU. It also affirmed the trial court’s holding that the MOU was silent as to budgetary approval and that the amended regulation would not impair the Board’s discretion on distribution of Foundation funds.
Topics:
Foundations & Affiliated Entities | GovernanceDate:
In re Robert T. Keeler Maint. Fund for the Hanover Country Club at Dartmouth Coll. (N.H. July 13, 2023)
Opinion affirming denial of motion to intervene. The last will and testament of Robert T. Keeler left Dartmouth College 50% of his residuary estate “for the sole purpose of upgrading and maintaining its golf course,” which upon his death established the $1.8 million “Robert T. Keeler 1936 Maintenance Fund for the Hanover Country Club at Dartmouth College.” In July 2020, Dartmouth closed the Hanover Country Club golf course and applied under the Uniform Prudent Management of Institutional Funds Act (UPMIFA) to modify the restrictions on permissible use of the Fund. The Robert T. Keeler Foundation, as fiduciary for the Estate, moved to intervene, seeking to direct the Fund to the Foundation at the behest of the Estate. The trial court denied the motion and granted Dartmouth’s application. In affirming, the Supreme Court of New Hampshire held that the Fund was a completed charitable gift and that the Foundation, as a former contingent beneficiary, lacked special standing to intervene.
Topics:
Foundations & Affiliated Entities | Governance
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