Professional Documents
Culture Documents
______________________________________________________
ON MOTION FOR ENTRY OF JUDGMENT
TABLE OF AUTHORITIES.................................1
ARGUMENT......... ...................................6
TABLE OF AUTHORITIES
Statutes
G. L. c. 10 §§52-53..................................2
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INTEREST AND IDENTITY OF THE AMICI
[C]ommonwealth.” G. L. c. 10 §53.
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As the Verified Complaint entered in this
1
For purposes of this brief, “collections” are
considered to be a group of one or more original
tangible objects, artifacts, records or specimens,
including art generated by video, computer or similar
means of projection and display, that have intrinsic
historical, artistic, cultural, scientific, natural
history or other value that share like characteristics
or a common base of association held by a museum or
other institution.
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STATEMENT OF THE ISSUES PRESENTED
artworks because
well-founded;
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trust, including failing to abide by its own
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such restrictions were imposed by an act of the
ARGUMENT
2
Mass Cultural Council has put a hold on the Museum’s
2018 grant pending a satisfactory conclusion of the
Attorney General’s review of the Museum.
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nearly $200,000) and in addition oversaw the award of
years.
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experts, raised serious questions regarding the
finances.
them.
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equitable dispensation by the Court to remove any
these proceedings:
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significant change to our core programming”
approval.
3
The Museum’s collections policy was described as
follows in an application to the Council “The Museum
follows a practice of not capitalizing its
collections. The collection carries a significant
value in connection with the Museum’s mission of
enriching, educating and entertaining patrons.”
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plan, the fact that the Museum would be
mission.
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practice as stated by organizations such as the
donee institution.
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IV. THE COURT IS NOT THE PROPER PARTY TO ALTER
1932 WORKS.
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situations where a donor is long dead and no
legislative remedy.
CONCLUSION
Respectfully submitted,
_______________________________
David T. Slatery (BBO No 550351)
Deputy Director
Massachusetts Cultural Council
10 Saint James Avenue, 3d Floor
Boston MA 02116
617) 858-2725
David.Slatery@art.state.ma.us
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CERTIFICATE OF SERVICE
William F. Lee
Mark C. Fleming
Felicia H. Ellsworth
WILMER CUTLER PICKERING HALE AND DOOR LLP
60 State Street
Boston MA 02109
Mark S. Gold
SMITH GREEN & GOLD, LLP
75 North Street, Suite 400
Pittsfield, MA 01201
ATTORNEYS FOR PLAINTIFF
Courtney Aladro
Emily T. Gabrault
Andrew M. Batchelder
Assistant Attorneys General
Office of the Attorney General
One Ashburton Place
Boston MA 02108
______________________________
David Slatery, Esq.
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MASSACHUSETTS RULE OF APPELLATE PROCEDURE 16((k)
CERTIFICATION
________________________
David T. Slatery (BBO
No. 550351)
Deputy Director
Massachusetts Cultural
Council
10 Saint James Avenue,
3d Floor
Boston MA 02116
(617) 858-2725
David.Slatery@art.state.
ma.us
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