Donors Have No Claim For Rejection of Charitable Gift

Court dismisses claim for “lost income, reputational loss, emotional distress, shame, and humiliation”

Shane and Victoria McCartney, relative newcomers to the town of Welcome, MN, decided to participate in a program called “Going Hog-Wild in Martin County.” The program distributes dozens of artistically painted cement pigs throughout the county as a promotion of Martin County.  The county is the largest hog producing county in the state and the sixth largest hog producer in the country.

When nonprofit merger fails, parties sue

When the national ALS Association sought to eliminate its chapter structure and cause each of the regional chapters to merge with the national Association in 2021, most of the local chapters agreed.  The local chapter in San Diego agreed to transfer to transfer its assets of $2.7 million to the Association in return for the Association’s assuming responsibility for its obligations.  But before the merger was completed, the Chapter began to feel that the representations made by the Association were not correct and ultimately decided not to go through with the merger.  The Chap

Community foundation sues to stop affiliate split

The Blue Grass Community Foundation in Lexington, KY entered into an agreement with an individual donor in 2002 to create a permanent endowment affiliate known as the Magoffin County Community Foundation for funds to support charities in the county.  The agreement permitted the affiliate to establish a board and to invest its funds with Blue Grass funds for the standard management fees imposed by Blue Grass.

Two courts vacate Trump loan forgiveness changes

Two separate federal District Courts have vacated President Trump’s Executive Order attempting to limit the number and type of public service employers for which service would qualify for educational loan forgiveness.  The opinions issued on June 30 prevented the Executive Order, which was supposed to take effect on July 1, from taking effect nationwide.

Is Multi-Media Production Fellowship exempt?

Oregon state law exempts property owned by or leased to “religious organizations” from real estate tax.  The law, however, does not define “religious organization.”  The question has arisen in the case of “Multi-Media Production Fellowship Church of God the Creative.”  An Oregon Tax Court Magistrate Judge has refused to grant the taxing authority’s motion to dismiss a claim for exemption.

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.