Bank Trustee Not Liable For Delay in Distributing Funds

Value of distributions to charities dropped $11 million between event trigging distribution and delivery of cash

A bank trustee that took a little more than two months to distribute trust funds to charities during the precipitous drop in stock prices in late 2008 is not liable for a breach of fiduciary duty under the circumstances of the case, an appellate court in California has affirmed.  (Estate of Gilliland, Hi-Desert Memorial Hospital v. Union Bank of California, Ct. of App. CA, Second Dist., Div.

Court permits Tea Party class action against IRS

A federal District Court in Ohio has permitted a group of Tea Party and other conservative organizations to pursue a class action against the Internal Revenue Service for allegedly illegal scrutiny of their applications for tax exempt status. 

School Can’t Temporarily Drop Residential, High School Programs

Court denies request by trustees of Girard College to permit deviation from trust because of decline in financial status

Trustees of Girard College, a free elementary and secondary school for disadvantaged youth in Philadelphia, have been denied a request to eliminate their residential and high school programs temporarily in order to rebuild their reserves to assure the long-term viability of their programs.  The Pennsylvania Commonwealth Court has affirmed an Orphans’ Court decision denying the request.  (Estate of Stephen Girard, No. 2254 C.D. 2014, 1/21/16.

Court says legislature can’t expand exemption

An appellate court in Illinois has held that the state legislature cannot expand the basis for hospital real estate tax exemption beyond the provisions of the state Constitution.  It has remanded a claim for exemption by The Carle Foundation for four properties in Urbana, telling the trial court to determine whether they are being used for “charitable” purposes without regard for a new state law intended to set new standards for nonprofit hospital exemption in the state.