Lead Stories

Founder Can’t Recover Start-up Loan to Nonprofit

Court says recognition of loan on Form 990 does not confirm that Board agreed to repay

The founder of a Wyoming public radio station cannot collect on a $219,000 start-up loan he said he made to the organization, even though the loan was regularly recognized on the nonprofit’s annual Form 990 tax filing, the Supreme Court of Wyoming has affirmed.  The Court said that the loan was not sufficiently memorialized in writing and was unenforceable under the state’s statute of frauds.

Court Awards Bequest To For-Profit Long Term Care Community

Facility was owned by charity when will was written, but sold to for-profit before donor died

Laurel Lee Pedot was a long-time resident of The Villas at Sunny Acres in Thornton, CO when she executed a will and accompanying trust in 1989.  The trust provided that the residue of her estate would be granted to “Sunny Acres Villa, Inc., Foundation Trust, a Colorado non-profit corporation.”

In 1991, she amended the trust to provide that the residue should go to the Foundation Trust, “to be used exclusively in connection with The Villas at Sunny Acres community and no other community operated by Sunny Acres Villa, Inc.”

Divided Federal Court of Appeals Allows Church Case to Proceed

Trial court had dismissed effort by Lutheran Synod to obtain judicial order restoring control over University

A divided Fifth Circuit Court of Appeals has reversed a trial court decision holding that civil courts lacked jurisdiction to decide a dispute between The Lutheran Church – Missouri Synod and Concordia University, which had been established by the Church. A three-judge panel, writing three separate opinions, has held that the case can proceed.

Media Challenge Penn State “Gag Policy” On Trustee Statements

Outlets claim provisions violate First Amendment rights of Trustees to speak, the press to report, and the public to hear

New bylaw provisions restricting Penn State University Trustees’ right to speak freely about issues facing the Board of the University have been challenged from a new perspective.

Contingent Beneficiary Under Will Lacks Standing to Contest Bequest

Court says Mayo Foundation cannot contest bequest to local hospital to establish cancer center

Herman Stille’s will provided that the remainder of his estate should go “to the Floyd County Memorial Hospital. Charles City, Iowa, for the purpose of establishing a cancer center to serve local area residents if the funds available make such establishment possible.”  He spelled out some of the facilities that would be required in the cancer center.

University Exempt From Paying Stormwater Runoff Charge

PA Court says levy is a local tax, not a service fee applicable only to users

A divided Pennsylvania Supreme Court has held that a Stormwater Runoff Charge imposed by the Borough of West Chester against West Chester University is a local governmental tax from which the University is exempt and not a service fee applicable specifically to users of the service.