SJC ruling clears Berkshire Museum to sell artworks

36 of the 40 artworks sent to Sotheby’s for auction.

Larry Parnass, The Berkshire Eagle

PITTSFIELD – The Berkshire Museum can sell works of art and raise up to $55 million to keep its doors open and to pursue a new approach to the use of its collection, a justice with the state’s top court ruled Thursday morning.

Justice David A. Lowy of the Supreme Judicial Court of Suffolk County approved the petition submitted in February by the museum and backed by Attorney General Maura Healey.

The sales can now proceed without any of the additional independent oversight sought by one group of sale opponents.

“Based on the Attorney General’s investigation into the sale and her assent to the requested relief, the Museum has satisfied its burden of establishing that it has become impossible or impracticable to administer the Museum strictly in accordance with its charitable purpose,” Lowy wrote, “thus entitling the Museum to relief.”