This filing addresses the Berkshire Museum’s challenge that the single appeals court justice cannot grant a delay in the injunction. Attorney General’s Office argues that appellate judge has the right to make the decision.
Please note, relief sought on page 49 V. RELIEF SOUGHT – The Museum Members respectfully request that this Court: 1. Reverse the Berkshire Superior Court’s decision dismissing their action; 2. Reverse the Berkshire Superior Court’s denial of the Museum Members’ motion for a preliminary injunction, and enjoin the Museum from any sale or other conveyance of its artwork; 3. Remand this case to the BLS where it was filed.
The Office of the Attorney General (AGO) and the Berkshire Museum have filed a petition with the Supreme Judicial Court of the Commonwealth of Massachusetts seeking approval of the following agreement to end litigation between the AGO and the Museum.
Nicholas O’Donnell, lawyer for the Hatt party, has filed a brilliant brief to the MA Supreme Judicial Court. It’s a scathing, well-documented indictment of the Museum’s actions and critical of the proposed agreement. It makes a final plea for the Supreme Court: “The AGO specifically promised that, notwithstanding the Museum’s obligation to inform the AGO ahead of time of which other artworks it will sell, it will do nothing about it. Only this Court can stop it now.”
This memorandum is submitted to the Court by concerned citizens of Berkshire County as Amici Curiae to assist the Court in its consideration of the complaint filed by the Trustees of the Berkshire Museum (the “Museum”) and the Attorney General of the Commonwealth of Massachusetts (the “Attorney General”).
Defendant Attorney General Maura Healey (“AGO”) submits this response to the two briefs of amici curiae (the “amici”), all of whom are residents of Berkshire County and supporters of or donors to the Plaintiff Trustees of the Berkshire Museum.
The Berkshire Museum is fortunate to serve a diverse community. Many members of that community strongly support the Museum’s plans for its future; some do not. The Museum recognizes that its master planning process and development of a New Vision, necessary for the Museum to survive and fulfill its mission, have sparked a robust public discussion.
After consultation with counsel, I submitted an amicus brief to the Supreme Judicial Court of Suffolk County in the proceedings related to the Berkshire Museum case held this afternoon. I thought I would share the contents as this is now part of the court record.
SAVE THE ART (STA) A grassroots citizens group established in 2017 with the intent of stopping the sale of the Berkshire Museum’s treasured art collection in order to find an alternate solution to its continued financial shortfall.
The mission of Save the Art is to advocate for and protect the Public Trust — the art and objects belonging to all of us that document humankind’s creative and social history through time.
We thank the Berkshire Eagle for their extensive investigative coverage, the journalists, op-ed writers and our community for their hundreds of letters of concern and applaud Larry Parnass / Investigations Editor for his 2018 Outstanding Journalism award. See The Berkshire Eagle page located in Press menu.