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Museum “Members” Can’t Stop Sale of Artworks

Museum “Members” Can’t Stop Sale of Artworks

Museum “Members” Can’t Stop Sale of Artworks

“Mere dues-paying members” lack standing to seek injunction against sale
Dues-paying “members” of the Berkshire Museum in Massachusetts, who have no voting rights in the nonprofit museum corporation, lack standing to seek an injunction to stop the sale of valuable artwork, the state Appeals Court has affirmed. A group of plaintiffs sued the museum and its trustees individually claiming standing to sue to enforce the museum’s governing documents, to protect their rights as members, and derivatively as corporate members. A trial judge dismissed their claims and the Appeals Court has affirmed. The governing documents do not give the plaintiffs standing the Appeals Court said. “Absent a plaintiff with interests ‘distinct from those of the general public,’ the...

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