IN RE FISK UNIVERSITY

No. M2010-02615-COA-R3-CV.

392 S.W.3d 582 (2011)

In re FISK UNIVERSITY.

Court of Appeals of Tennessee, Middle Section, at Nashville.

November 29, 2011.

Application for Permission to Appeal Denied by Supreme Court April 20, 2012.


Attorney(s) appearing for the Case

John P. Branham , Stacey A. Garrett , C. David Briley , and C. Michael Norton , Nashville, Tennessee, for the Appellant, Fisk University.

Robert E. Cooper, Jr. , Attorney General and Reporter, Joseph F. Whalen , Associate Solicitor General, Janet M. Kleinfelter , Deputy Attorney General, and William N. Helou , Nashville, Tennessee, for the Appellee, State of Tennessee.

Thor Y. Urness , Nashville, Tennessee, for the Amici Curiae, Task Force for the Rescue and Restoration of Fisk University.


OPINION

RICHARD H. DINKINS, J., delivered the opinion of the court, in which DAVID R. FARMER, J., joined. FRANK G. CLEMENT, JR., J., filed a separate opinion concurring in part and dissenting in part.

After finding that cy pres relief was available to modify conditions imposed by donor of artwork which had been gifted to Fisk University, the trial court approved agreements whereby the Crystal Bridges Museum would purchase a fifty percent interest...

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