Carl J. Herzog Foundation, Inc. v. University of Bridgeport case brief

Carl J. Herzog Foundation, Inc. v. University of Bridgeport case brief summary
699 A.2d 995 (1997)

CASE SYNOPSIS

Defendant university sought review of a judgment from an appellate court (Connecticut), which reversed the judgment that had granted the university's motion to dismiss the complaint of plaintiff charitable foundation on the basis that the charitable foundation lacked standing under the Connecticut Uniform Management of Institutional Funds Act (CUMIFA),Conn. Gen. Stat. §§ 45a-526 through 45a-534.

CASE FACTS
The charitable foundation discovered that the purpose for which it had donated money to the university had been discontinued and brought an action seeking injunctive relief to have the university segregate the funds from the general funds of the university and revert them to another fund.

DISCUSSION

• In reversing the judgment of the appellate court, which had reversed the superior court, the court held that under the common law, the charitable foundation had no standing to bring the action. 
• The court first noted that the gift instrument contained no express reservation of control over the disposition of the gift, such as a right of reverter or a right to redirect, then concluded that under Conn. Gen. Stat. § 3-125 only the attorney general represented the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. 
• The court determined that nothing in the plain language of Conn. Gen. Stat. § 45a-533 (a) or any other portion of CUMIFA expressly provided statutory standing for donors to charitable institutions who have not somehow reserved a property interest in the gift such as a right of reverter.

CONCLUSION

The court reversed a judgment of the appellate court, which had reversed the judgment of the a superior court that had granted the university's motion to dismiss the complaint of the charitable foundation on the basis that the charitable foundation lacked standing. The case was remanded with directions to enter judgment for the university.

Suggested Study Aids For Wills, Trusts & Estate Law