grant this petition and permit the execution and

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
1A-0QQ5745
The Trustees of the Corcoran Gallery of
Art, 500 17th St., NW
Washington, DC 20006
Petitioners,
The District of Columbia,
JJLmmmmmmm
FILED
Civil A^iCT^^wnnigwSWIAWCH
17 28H
\WwJl«g4W,.-QC.
441 4th St., NW, Suite 600-South
Washington, DC 20001
Respondent
PETITION FOR CY PRES DETERMINATION
INTRODUCTION
1. Petitioners, the Trusteesj2fJhe_.Corcoran Gallery of Art (the "Trustees"), seek a
determination under DC Code §19-1304.13 approving, under the doctrine ofcy pres, the
Trustees' entry into and theimpl^mentation ofcertain transactions regarding the
Corcoran Gallery of Art (the "Gallery") and the Corcoran College ofArt +Design (the
"College"). Because it is financially impracticable, and indeed in the medium- and
longer-term, financially impossible, to continue the operations ofthe Gallery and College
in their current form, the Trustees have negotiated and seek approval to implement
arrangements that will assure (a) along-term, sustainable future for the Gallery and
College, (b) the rehabilitation and renovation ofthe Corcoran building that houses the
Gallery and College, (c) the preservation and display ofthe Corcoran's valuable
collection of art, and (d) the continuing fulfillment ofthe charitable intent ofthe
Corcoran's original grantor. For the reasons set forth in this petition, the Court should
grant this petition and permit the execution and implementation ofthe negotiated
arrangements.
PETITIONER AND OTHER INTERESTED PERSONS
2. The Trustees of the Corcoran Gallery of Art is afederally chartered non-profit institution,
initially established under aDeed ofTrust by William Corcoran in 1869, and chartered
by Act ofCongress ofMay 24, 1870. See 16 Stat. 139. Pursuant to provisions in the
Deed ofTrust, the original trustees appointed by Mr. Corcoran sought and obtained a
federal charter incorporating the Trust as a"body corporate and politic" under federal
law. The institution is located in and is subject to the law ofthe District ofColumbia.
3. The Attorney General ofthe District of Columbia is an appointed government official of
the District of Columbia, charged under the DC Code with certain oversight and other
responsibilities regarding charitable institutions in the District.
4. The National Gallery of Art (the "NGA") is afederally chartered establishment, created
by joint resolution of Congress codified at 20 USC §70, et seq.
5. The George Washington University is afederally chartered corporation, established and
existing in the District ofColumbia.
rAf-riTAl BACKGROUND
6 In 1869, William Corcoran, asuccessful and wealthy businessman, by the Deed ofTrust,
established the first art museum in the District ofColumbia, and indeed one ofthe first
art museums in the United States. Mr. Corcoran had retired from active participation in
his industrial and banking holdings in 1854 and over the succeeding period had acquired
asignificant collection ofart. He opened his home once aweek to the public in order to
allow them to view the art and eventually constructed abuilding suitable to house and
display his collection.1 Recognizing the need for amore formal structure to implement
the display ofhis art and to fulfill his intention to "encourage American Genius in the
arts "Mr Corcoran created atrust that would own the building and collection, would
display the collection, and otherwise have control over it in all respects. He donated to
the trust the Renwick building (located on the corner ofPennsylvania Avenue and 17
Street in the District), the collection of art and cash.
J5partofI "original £ant to the Trustees ofthe Corcoran Gallery ,n 1869.
7. Because ofcertain restrictions in the law as then understood and in effect in the District
of Columbia, Mr. Corcoran's Deed ofTrust specifically contemplated that the Trustees
would seek afederal corporate charter. Such acharter would permit the trust to have
perpetual existence to fulfill its charitable mission and purpose. The Trustees were
granted acharter in May 1870, with the federal statute expressly referring to the Deed of
Trust and its purposes.
8. Upon the formation ofthe Trust, and thereafter the grant ofthe Charter, the initial
trustees took possession ofthe Renwick building and the collection of art, and
implemented the purposes ofthe Trust. Over the succeeding years, the Trustees added to
and enhanced the collection, pruning out elements ofthe collection that were less
important, duplicative, in apoor state ofconservation or otherwise not in accord with
their understanding ofthe purposes ofthe collection. As ofthe current time, the
Corcoran Gallery's collection ofart and other pieces numbers more than 18,000
individual pieces and is recognized nationally for the significance ofcertain works and
for certain aspects ofthe collection.
9 Under the Deed ofTrust, the Trustees established aGallery displaying pieces from the
collection ofart as it grew. However, within abrieftime after the opening ofthe Gallery,
it became apparent to the Trustees that among those visiting the Gallery were students.
There was no formal education process for aspiring artists, and the typical process was
for art students to observe and copy works by accomplished artists. As aresult, some
visitors to the Corcoran galleries were using the gallery spaces to draw and copy the
collection's pieces.
10 Recognizing the need for amore structured arrangement, and in fulfillment ofthe
Corcoran's Deed instruction to "encourage American genius." the Trusses established
the Corcoran College ofArt, now the Corcoran College ofArt +Design. The College
was no, aseparate institution, but was integrated within the overall institution, w,th a
special emphasis on the access ofstudentsto the collection. Classes within the structure
ofthe College began in 1878. Mr. Corcoran, although no. himselfatrustee, was aware of
the creation ofthe College and gave funding in support ofits creation and operation,
indicating his approval of the College as within the intended operations ofthe Corcoran
institution.
11. By 1890, the Corcoran Gallery and College had outgrown the limited space available in
the Renwick building. The trustees sought to acquire adjacent properties in order to
expand, but were unable to arrange the necessary purchases. In order to meet the needs
for space, the Trustees acquired then vacant land at the corner of 17th Street, NW and
New York Avenue, across from the White House grounds. On that land, they built anew
building, designed by William Flagg and known as the Flagg building. The building is
listed on the National Register ofHistoric Places, and is generally considered aprime
example ofBeaux Arts architecture. Since its completion in 1897, it has housed the
Gallery and major aspects ofthe College.
12. In the early decades ofthe 20th Century, Senator William Clark became associated with
the Gallery, through the urgings ofthe then-Chairman ofthe Board ofthe Trustees.
Senator Clark was himselfpersonally wealthy, and acontemporary of Andrew Carnegie,
John D. Rockefeller, and J.P. Morgan. Senator Clark had amassed apersonal collection
ofart, and during the period ofhis residency in Washington as Senator from Montana,
Senator Clark loaned works from his collection for display at the Corcoran Gallery. He
also donated money for prizes to be awarded in the Corcoran's Biennial Exhibition, and
became a trustee of the Corcoran.
13 Upon Senator Clark's death, he bequeathed asignificant portion ofhis collection to the
Corcoran3 and his widow and heirs donated the funds to construct an addition to the
Flagg Building, now known as the Clark Wing, to house and display the Clark
Collection.
14. Since the completion ofthe Clark Wing, the Corcoran building (the Flagg Building a*d
the Clark Wing) has housed the Gallery and major operations ofthe College.
;
^C^WIl, berthed the coUcalon <o^^^^S^^^S'Sim
Senator Clark himoved following ^ . ^ " S S S * * . collection was then
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TlfF FINANH" •r"N"'TIO~ "»THI? fORCORAN
15 From inception, the operations ofthe Gallery and College depended on acombination of
support from donated funds, including the funds originally given by Mr. Corcoran and
donations from others, and support from revenues received, e.g., as admissions fees,
college tuition and fees, and similar revenues. Over time, given inflation and other
sources ofcost increases, the dependency on donated funds became greater.
16 Throughout the years ofthe Corcoran's existence, the Trustees ofthe Gallery have
recognized their obligation to considerthe pieces in the collection, in Ugh, ofevoWng
information about them, the relation ofthe pieces to ,he Corcoran's fundamental purpose
offostering American art, tine quality and condition ofthe pieces and similar factors. The
trustees, upon recommendation ofthe curators and through anestablished process, have
sold pieces from the Collection and similarly have upon rccommendation and through an
established process, accessioned additional pieces into the collection.
,7 In more recent years, as par,ofmaintaining the Gallery's accreditation as museum, the
'Trustees have adhered to guidelines published by the American Association ofMuseums
and the Association ofMuseum Directors, under which proceeds from me sale ofart are
directed by the Trustees to an account maintained withinthe overall financial assets: of
me Corcotan dedicatedto aco.uisi.ion ofadditional works. That is, proceeds from the sale
ofarthave no. been allocatedby me Board .o maintenance or operation ofme Building,
or me Gallery or me College, bu. have been separately maintained to be used for
acquisition ofadditional pieces to the collection. Adherence ,o ,hese guidetoes ,s an
essentia, element to maintain the Corcoran's accreditation as amuseum, winch ,n turn
assures the Corcoran's ability to receive loans ofar, from other museums, attract
qualified staff, participate in special and traveling exhibitions, andto matntam
elationships with other museums. Adetermination by the Corcoran notto a*ereto the
guidelines would likeiy result inaloss ofaccretion, and would dramaticaUy
undermine the Corcoran's reputation within the museum field, and wouldlikely
substantially undermine its ability to recruit and retain qualified curatonal and other ke
its ability to participate in significant traveling exhibitions.
-5-
18. As is true ofvirtually all such institutions, the Trustees have maintained astaffand
conducted programs seeking financial contributions from individuals, foundations and
corporate sponsors. These programs range from specific campaigns for capital purposes
(e.g., the construction ofthe Flagg Building or the Clark Wing, or their maintenance),
campaigns for general purposes, campaigns in support ofthe College specifically, and
campaigns to support specific exhibitions or shows.
19. While the fundraising financial campaigns have produced support that has varied in
amount from year to-year and purpose-to-purpose, the overall financial situation ofthe
Corcoran has for several decades deteriorated. This deterioration is due to several
factors. First, the District of Columbia has lacked asubstantial base oflocal, very
wealthy donors dedicated to supporting local arts institutions, especially in comparison to
other urban centers such as New York, Chicago, Los Angeles, or Philadelphia. Second,
in 1930, at the urging ofPaul Mellon, the Congress created the National Gallery ofArt
("NGA") The NGA as anational institution receives federal funding support (while also
seeking donations), and is open free ofcharge all year. Its location on the National Mall,
its prestige as anational institution, and its greater funding resources, have undercut the
Corcoran's separate role as amuseum within the District. This effect has been
compounded by the multiplication ofSmithsonian and National Gallery-related specialist
museums (e.g., the National Museum ofAmerican Art, the National Portrait Gallery, the
Freer Gallery, and The Hirshhorn among others), all ofwhich are open free-of-charge
and are located on or close to the National Mall and in the area between the White House
and the Capitol, thus establishing amajor tourism nexus that is directed away from the
Corcoran's location west ofthe White House. Third, the Corcoran Building, while a
designated 19th Century national architectural treasure, is aging along with its systems,
and needs substantial maintenance and renovation. Fourth, the underlying model ofsmall
professional arts schools has been undermined by the substantial cost ofadding
technology and faculty resources needed to teach design and the arts that are increasingly
digitally based in their creation and exhibition. Last, the Corcoran's longstanding close
relationship between the College and the Gallery has imposed the expenses ofboth, while
hindering the development ofaunique identity for either.
20. In the face ofthe limited financial resources available from the endowment, and the
amounts available from contribution campaigns, the Corcoran Trustees over the last
several decades had prioritized expenditures to maintain the collection, keep open the
Gallery and support the operations ofthe College. They deferred some major expenses,
including maintenance ofthe Flagg Building and Clark Wing, but still operated at a
deficit on acurrent accounting basis. That is, they maintained operations by allocating
amounts from the endowment, on an expectation that future fundraising or other events
would allow continued operations. In effect, the ongoing operations ofthe Corcoran
resulted in an increase in the likelihood and amount of future capital needs (to overcome
deferred maintenance) and adecrease in the endowment funds available to support the
ongoing operations and capital needs, in order to meet current obligations.
21 Recent reviews ofthe condition ofthe Corcoran Building have confirmed that, even with
specific efforts (e.g., replacement ofthe roofand acurrent upgrade ofcertain HVAC
equipment), the Building is in need ofsubstantial rehabilitation and replacement ofkey
systems Some ofthat is urgent, to address deterioration in electrical, heating and
ventilation, plumbing and other systems. The work is estimated to require approximately
$80 million to SlOOmillion, and to require several years ofconstruction or similar
activities Those funds are simply not available in the existing financial circumstances of
the Corcoran, and the amounts would exceed any reasonable expectations ofacapital
fund raising campaign.
22 The Trustees in 1999 had recognized me need ,o distinguish me Corcoran from outer
'museums and institutions in ,he District, and had proposed amajor change through ,he
construc,ionofanewwingdesignedbyreno™edmod=marchi.ec.FrankGehry.
However, me capital campaign to support tha, effort failed to garner adequate financial
support, and the plans were cancelled in 2005.
23 The financia! circumstances ofthe Corcoran continued to deteriorate, as contributions
'declined and the Corcoran lacked acompelling distinction and basis for renewed
campaign ofcharitable financial support.
24 in the las, several years since 2005, the Trustees and administration ofthe Corcoran
'focused specifically on the financial condition, recognizing tha, the continuing annual
deficits were no, asustainable longterm pam, and me endowmen, could no, foreseeab.y
support operations at the expected levels for the long term.
thit rn?.vir.l OPMENT Q* FUTURE OPTIONS
25. To meet their obligations as Trustees, the Corcoran Board retained consultants with
expertise in operations, museum and college management and engaged in aconcerted
review ofoperations and options that would allow them to identify and implement a
sustainable future. The Board considered afull range ofoptions, including consideration
ofasale ofthe iconic Corcoran Building, amove to other space or locations within the
District ofColumbia or in the immediate environs, reductions in the operations ofthe
Gallery or College, separating the Gallery and the College, and other measures. They
also reviewed whether there was areasonable likelihood ofsuccess in arenewed
fundraising campaign.
26 As aresult ofthe review, the Board determined that the proper priorities remained (a)
preservation and continued display ofthe Corcoran collection (sale ofworks to fund
operations was not apreferred course ofaction, and would result in significant harm to
the Corcoran's reputation and role within the Museum community nationally and
internationally); (b) rehabilitation and renovation ofthe iconic Corcoran building to allow
its continued use as agallery; and (c) continued operation ofthe Corcoran College of
Art +Design, which remained one ofthe very few national professional art schools
directly associated with amuseum and its collection, with anational reputation for
training contemporary artists and in training designers ofexhibitions and exhibition
spaces The Board was specifically concerned that the Gallery and the College be placed
on asustainable, long-term path, that would avoid the uncertainty and risks that had
become well known inthe last few years.
27 In an effort to implement those priorities, the Board considered arange ofpotential
measures. The Board considered specific proposals, and reached out to potential
partners. However, many ofthe proposals had specific flaws, e.g., they were based on
selling asignificant portion ofthe collection and dedicating the proceeds to capital needs
and operating requirements. Implementation ofthat proposal would have been contrary
to the professional association guidelines and would undermine the reputation and role of
the Corcoran nationally. Other proposals and partners sought to separate the College and
-8-
Gallery, or would have moved the Corcoran to new space away from the heart ofthe
District.
tup itmtvfrSITV OF MAPVT AND PROPOSAL
28 In early 2013, the Corcoran Trustees as part oftheir ongoing effort to identify and
implement asustainable future in line with the identified priorities, negotiated and
entered into amemorandum ofunderstanding ("MOU") with the University ofMaryland.
The MOU was announced in April 2013, and seemed to provide ameans ofpreserving
the Corcoran in its current form.
29 Under the MOU, the Trustees understood that the University ofMaryland would provide
financial and operating support for the Gallery, would take over responsibility for and
operations ofthe College (in amanner consistent with model ofthe operation ofthe
Peabody School ofMusic within the Johns Hopkins University), and provide financial
and other support to the renovation and rehabilitation ofthe Corcoran Building.
Recognizing the complexity ofnegotiating definitive documents to accomplish these
purposes, the Trustees and representatives ofthe.University ofMaryland agreed ma,they
would seek to implement the final arrangements by the end ofsummer2013 prior to the
start ofthe Fall 2013 College academic year.
30 From April 2013 throughout the summer of2013 and into the fall of2013,
representatives ofthe Corcoran staffand Trustees me, with representatives ofme
University ofMaryland, in an effort to create the arrangements and structures to
implement the MOU. The parties were not successful in achieving complete
arrangements by Fall 2013, but continued to work together.
31 However, by late November 2013, it was clearto me Trustees ma, me University of
'Maryland had subs<an,ially differen, arrangements in mindto implement the MOU and
„a, the continued negotiations were undermining me Corcoran's financial and operating
stability In particular, the University ofMaryland proposals no longer included its
^ingLll financial and operatingresponsibility for theCollege, .nstead,theUniversity
ofMaraud proposed to make loans and provide some limited support, but„wouldno,
operate me College. Similarly, me financial supportma, would be directly and firm*
available for rehabilitationofthe Corcoran Building and ongoing operations would be
capped, while requiring the Corcoran to exhaust its financial resources in the immediate
term Long-term financial viability and renovation ofthe Corcoran Building depended
on me success ofrenewed fundraising for ten, ofmillions ofdollars. Given me history of
Corcoran fundraising campaigns, the Trustees were deeply concerned ma, uie revised
University ofMaryland plan had substantial risks, and afailure would doom me
Corcoran.
32 to lateNovember 2013, me Trustees notified the University ofMaryland ma, melees
'would continue to negotiate bu, ma, they would no, gran, me University ofMaryland
continued exclusivity. Rather, the Trustees would again seek other options to implement
the priorities they had identified.
mT ^.Air.w ARRANGEMENTS
33 in the context ofrenewed search for additional options, the Trustees re-initiated contacts
'wim NGA and GW. There had been earlier discussions wift each, bu, in fte sprtng of
2013, those discussions had no, identifiedaspecific arrangemen, with either thatmetal,
die prioritiesofft. Trustees. Bylate fall 2013, however, discussions amongGW, NGA
and representatives offt. Trustees identified anew option that called for acooperative
relationship among tirethree institutions tha, would mee, all the priorities, and created
opportunitiesto enhance ft. ongoingdedicationoffte Corcoranto contemporaryartsand
encouraging ofAmerican Genius.
34 UeTriesasked each ofthe University ofMarylandandNGA/GWrepresentative^to
and analysis ofthe risks andbenefits offte proposals as they were made he Trustees
determined tha, fte NGA/GW arrangemen,offered fte paft forward which was mos,
metgtelsus.inabilityoffteCorcoranCollegeandGal,ery.TheTrusteesen,ere^
1 ulrsofintentandTerm SheetswithNGA andGW,and beganaperiodofintense
35 On May 15 20,4,, after approval offte definitive
documents, offersofNGA, GW and
n„ Aoreements include aTransfer Agreement
35.0nMayl5,^
fte Trustees executed final agreements. The Agreements inc
-10-
between NGA and the Trustees, and aTransfer Agreement between GW and fte
Trustees. Those agreements contemplate licensing arrangements governing intellectual
property rights that will be embodied in further agreements signed by closing.. The
agreement are subject inter alia, to acondition preceden, ft* the Trustees seek and
obtain cy pres approval from this Court. Separately,NGA and GW have negotiated an
agreement under which NGA will have and operate space in the Corcoran Building.
36 Under the NGA Transfer Agreement, the Corcoran will transfer responsibility for its
collection ofart to NOA, thus assuring the continued preservation, maintenance and
safeguarding offte entire collection. The NGA will review fte collection and identify
works from fte Corcoran collectionfta, wi„ be accessioned into the NGA's collection
and which will thereafter be known and identified at the NGA as fte "Corcoran
Collection." Certain works fta, are intrinsically identified with the iconic Corcoran
Building and its legacy, and mat are deeply associated wift fte history offte Gallery,
will be displayed in aLegacy Gallery to be established and remain in fte Corcoran
Building. Thus, fte separate identity ofmajor works infte Corcoran Election w,U be
continued -fte NGA will dispiay them in the ordinary course a.fte Corcoran Building,
atthe NGA, and under loan arrangements a, other museums. Underthe NGA Transfer
Agreement fte NGA will manage additional galleries atfte Corcoran Building
("Corcoran Contemporary, NOV) where the NGA will exhibit modem and
contemporary works. The agreementbetween GW and NGA provides space mthe
Corcoran Building in whichNGA will be able to establish both fte Legacy Gallery and
Corcoran Contemporary, NGA.
37 inegaddition,
certain works deeply associated wift and affixed to fte Corcoran Buildrn ,
fteSa,onDort,fteCa»ovalions,andamaio,Frenchstoneman,le,w„.conveyto
GW wift fte Corcoran Building and be maintained there, continuing fte connection
between fte Corcoran, its art and the Building.
institutions fta, would receive and display worksfta, are no, accessioned by fte NGA,
eitherby transfer, loan or ofter arrangemen,. Under arrangement agreed yfte
ofColumbia, there will be preference for those works no, accessioned by fte NGA be
given to appropriate institutions in the District ofColumbia that will assure their
continued exhibition here. Any transfer ofthe works to institutions outside ofthe District,
or to private institutions will require separate review by the Office ofthe Attorney
General, and potentially separate review by this Court. Thus, the entire Corcoran
collection will continue to be preserved predominantly within the District ofColumbia,
and be available for display.
39 Under fte GW Transfer Agreement, GW will receive the Corcoran Building, and will
undertake its renovation and rehabilitation. GW and NGA have separately agreed
regarding spaceto be used as the Legacy Gallery to display iconic works associatedwith
fte Corcoran, and for the use ofsignificant space wiftin fte Building as gallery space, for
fte display ofmodem and contemporary art, including works from fte Corcoran
Collection, works from fte NGA's collection and other works. GW has agreed fta, ifthe
GW/NGA agreement terminates, it will continue to dedicate substantially equivalent size
space in the Building fo, use as gallery space. Thus aportion offte Building will remain
in use as an active gallery, and open to the public for free.
40 GW will also receive fte Corcoran College ofArt +Design, and continue to operate fte
'College having aseparate identity under fte GW umbrella, providing professional arts
training and ofter degree programs. The College will remain in i,s home in fte renovated
Corcoran Building, as well as having classes and ofter space in ofter buildings mthe
area as determined by GW. Thus, fte mission and Corcoran name on fte College wdl
continue. The galleries operated byNGA in fte Corcoran BuHding will be opento the
public free ofcharge and theirproximity to fte College will continuefte access and
fte College faculty and students presently enjoy.
4, availability
AspartofftefransfersofarttofteNGAandfteCollegeandBuildingtoGW.any
'existingdonor restrictions that are applicableto fte particularassets, as those resections
have been understood and performed by fte Corcoran, will remain in place, and be
fulfilled by fte NGA or GW, respectively.
42 The Trustees offte Corcoran Gallery ofArt, as afederally chartered corporation, w„.
Lin i„exis,ence,bu,no longeroperating asamuseum orCollege. TheTrusteeswil,
devotefteireffortstofte»encouragin8ofAmericanGenius",he,ping.oassure
coordination offte NGA and GW work in the Corcoran name, and seekmg opportunities
to support contemporary American art and artists. As part ofthe Agreements, the
Trustees will provide specific financial support to GW for use exclusively in the
renovation ofthe iconic Corcoran Building, as well as other financial support for the
College ifthe resources become available.
43 Because fte Attorney General for fte Distiic, ofColumbia has oversight responsibilities
regarding charitable institutions in fte District, fte Trustees have provided copies ofthe
agreements and related materials to the Office ofthe Attorney General, and discussed fte
proposed implementation offte agreements in order to negotiate aproposed order on
consent to present to fte Court for its consideration.
rimf> ™P mi IFF AND ™AMT OF TV PRES
44 Throughout 2013, and into 2014, the Trustees maintained operation offte College and
Gallery In order to do so, fte Trustees allocated for current expendilure amounts
available from fte endowment The endowment includes both funds which are subject to
restrictions imposed by the Board, and funds which are subject to ofter restiictions
imposed by donor, In order to permi, fte Board to draw on the total resources available,
while preserving fte separate identity and restrictions offunds subject either to donor
restiictions orto fte separate allocation ofproceeds ofsales ofartto afund to be u^ed for
acquisition ofart, fte Board did no, allocate ftose funds for current expenditure. Rafter,
i,borrowed amounts from ftose accounts, bu. wift fte identification ofspecific accrued
future revenues that would repay fte borrowing. All borrowed tad. will be replenished
by amounts properly accrued and to be received.
45 The current financial condition offte Corcoran makes i, impracticable, indeed financially
'impossible, for fte Trustees to continue to operate the Gallery and College intheir
current form, and accomplish the necessary renovations and rehabilitation offte ^
Building. The Corcoran lacks fte current financial resources to assure fte Tnistees
ability to continue operation offte Gallery and fte CoUege. Indeed, under fte current
circumstances, even given amounts fta, fte Trustees reasonably expec.,0 Kceive from
ofter sources, fte Trustees wotud need to make determinations to invade fte acquisition
tad to maintain operations for the coming academic year.
-13-
46 In response to the financial impracticability and impossibility ofmaintaining the current
operations for any more than the very near term, the Trustees have negotiated an
arrangement which will (a) assure along term, sustainable future for the Gallery and
College (b) assure the rehabilitation and renovation ofthe Corcoran building that houses
the Gallery and College, (c) assure the preservation and display ofthe Corcoran's
valuable collection ofart, and (d) the continuing fulfillment ofthe charitable intent ofthe
Corcoran's founder. Thus, the arrangement as documented in the Transfer Agreements
and Licenses is the best available mechanism to assure the continued fulfillment ofthe
underlying intent of the Corcoran Deed ofTrust.
47 For the reasons set forth in this petition, the Court should grant this petition and permit
the revision ofthe Corcoran Deed ofTrust and any other relevant instruments to be
revised so as to permit the execution and implementation ofthe negotiated arrangements
set forth in the Transfer Agreements and License Agreements, and in the interim pending
closing ofthose arrangements, permit the Trustees to continue to maintain operations
consistent with the current restrictions.
Dated: June 17,2014
By:
, A. Patrizia
DC Bar No.# 228999
Paul Hastings LLP
875 15th Street,N.W.
Washington, DC 20005
1(201) 551-1700
u^cl±
David Julyan
Julyan & Julyan
1100 G Street, N.W.
Suite 655
Washington, DC 2000
(202) 367-0800
-14-
CERTIFICATE OF SERVICE
I, C. Wendy Phinny, hereby certify that on June 17,2014, the foregoing
PETITION FOR CY PRES DETERMINATION was hand delivered to:
Bennett Rushkoff
Chief, Public Advocacy Section
D.C. Office ofthe Attorney General
One Judiciary Square
441 4th St., NW
Suite 600 South
Washington, DC 20001
C. Wendy Phinny
Superior Court of the District of Columbia
CIVIL DIVISION-CIVIL ACTIONS BRANCH
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(Check One Box Only)
A. CONTRACTS
• 01Breach ofContract
• 02Breach ofWarranty
r—106 Negotiable Instrument
[—115 Special Education Fees
(~107 Personal Property
• 09 Real Property-Real Estate
• 12 Specific Performance
COLLECTION CASES
• 14 Under $25,000 Pltf. Grants Consent
• 16 Under $25,000 Consent Denied
• 17 OVER $25,000 Pltf. Grants Consent
q 18 OVER $25,000 Consent Denied
r—113 Employment Discrimination
r-- 10Mortgage Foreclosure
B.PROPERTY TORTS
D 01 Automobile
f~l 02Conversion
r~l 05 Trespass
D 03 Destruction ofPrivate Property
_-
•
property Damage
06 Traffic Adjudication
„!77„\
• 07 Shoplifting. D.C. Code §27-102 (a)
C. PERSONAL TORTS
•
01 Abuse ofProcess
• 02 Alienation of Affection
B03 Assault and Battery
17 Personal Injury- (Not Automobile,
| I 09 Harassment
Not Malpractice)
(—| io Invasion ofPrivacy
18 Wrongful Death (Not Malpractice)
B l 1 Libel and Slander
12Malicious Interference
04 Automobile- Personal Injury |—| 13 Malicious Prosecution
Q 05 Deceit (Misrepresentation)
B06 FalseAccusation
07 False Arrest
•
08 Fraud
20 Friendly Suit
21 Asbestos
Bl4Malpractice Legal
LJ Toxic/MassTorts
15 Malpractice Medical antingWrongfu.D_«>> L_ 22
23 Tobacco
• 16 Negligence- (Not Automobile,
•
a
Not Malpractice)
SEE REVERSE SIDE AND CHECK HERE
CV-496/Jun 13
19 Wrongful Eviction
•
•
24 Lead Paint
IFUSED
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
THE TRUSTEES OF THE CORCORAN GALLERY OF ART ^^
^ CA 003745 B
THE DISTRICT OF COLUMBIA ^ ^ ^ ^ AMn ATtnFNmJM
Vs
Pn.^ioD.CXodeH.-^andD^ofColunibiaSupeiioiCo^Ru.eofCivimoceduie
("SCR 00«M.** !«««*» Q8BEBED as follows:
(„ Effectivethis date, this casehasassignedto the^dividual.£*.«*£££-A«*«*£
^Wi^daysofthef^^
(3) within20 days ofservice as described*?<&£££££%$<he defendant who has
a
b
»
*
:r*
-™
*e
lme
t
0
respond
te"
provided inSCRQv 55(a).
unrepresenttd parties shall appear before the
,« A. the time and place noted below, all <^£*™%$£Z the possibilities ofsettlement and
^.ivec.acer.i.g.hisC.nferenc,.
tfor my par<y or counsel, the Quality Review
^Jt,«^s=3-2si'-,•,l-*-,"
ChiefJudge LeeF.Satterf.eld
Case Assigned to: Judge ROBERT DOKUN
S,Sre^CWrida?,September26,20.4
Location: Courtroom 317
500 Indiana Avenue N.W.
WASHINGTON, DC 20001
Caio.doc
ADDENDUM TO INITIAL ORDER AFFECTING
ALL MEDICAL MALPRACTICE CASES
In accordance with the Medical Malice P ^
etalleging
sea, (2007
Winter Supp.), «[.]te an ^^^^^^^Z^^M
medical malpractice, *e court shall^X^P^^^n not interfere with the
discovery
or, if all parties agree[] "£*$£^sSl "g aTd Settlement Conference
completion of mediation within 30 days of 1^^J£Ts£J^ agreement. The early
("ISSC") nrior to any further litigation in an effort to reach a settlement agree
j
2821.
Toensure compliant wi**,^^^
notify all attorneys and pro se parties of the date and time °«™
*
. available over
from the multi-door medical malpractice.mediate ^»J»£» » ^ Multi.Door Dispute
mediation with aprivate>"***• ™* !°™ pS„Ss ^unsel is responsible for eFiUng the
Resolufion Offiee, ^ *^4'OES^W. ng*™^ Pr0 se «fi who
Aroster ofmedical malpractice mediators available^"^Courfs ^"St
Resoluuon Division, with biographicalI nf— ^^tX'rosto are judges or
www.dccourts.gov/medmalmedia^^'0^^X™cein meSc=dMalpractice litigation. D.C. Code
lawyers with at least 10 years ofsignificant «P««™*» "T^ „?„ int one. D.C. Code §
§16.2823(a). If the parties cannot agree on amediator, the Court win app
16-2823(b).
THe following persons are rehired by-«*J.MJJ- — £^1 —
Conference: (1) all parties; W^^^f^y " ^«n«tive of toe company with
^StStht^^
case. D.C. Code § 16-2824.
No thelateCourt
r than areport
ten (.0)prepared
days %*>«E«^£Z£2£SEES
eFile with
by the^ediator incmoing P
^ ^^ my
attendance; (2) whether asettlemen™ «?^.™d^)^j fecilitate future settlement, hold
agreements to narrow the scope of foe d7*e;J™yS„W oftrial preparation. D.C. Code §
Ither
sessionwhoor ""^^^Xte
report by handed,^me maim<s
Civil Clerk'„s
,6-2826.mediation
Any FlaMff
is pro S^y el ot« file ^.P.^^^
Office.
The forms to be usea ior
www.dccourts.gov/medmalmediation.
/
ChiefJudge Lee F. Satterfield
Caio.doc