Attorney General Can’t Cy Pres Assets Of One Volunteer Fire Company to Another
Pa. Court says AG can’t force transfer from an operating charity when it doesn’t prove the assets are held “in trust”
The Commonwealth Court of Pennsylvania has rejected an attempt by the state’s Attorney General to close down a volunteer fire company that had been prohibited from fighting fires in its community and to force the transfer of its assets to a different company continuing to serve the area. The Court rejected the AG’s claim that all of the assets of the decertified company were held “in trust” and should be transferred under the cy pres provisions of the state’s Trust Code when it became “impracticable” for it to pursue its mission. Until May, 2016, the Independent Fire Company No. 1 was one of three companies certified to fight fires in South Williamsport Borough (home of the Little League...
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