What a low blow: Justice Lowy clears contested Berkshire Museum art for auction

Justice Lowy’s JUDGEMENT was released April 5, 2018. The Museum may sell Shuffleton’s Barbershop, and — via Sotheby’s– the remaining 39 works free of any restrictions.

“The museum has satisfied its burden of establishing that is has become impossible or impracticable to administer the Museum strictly in accordance with its chartiable purpose, thus entitling the Museum to relief under the doctrine of equitable deviation. Accordingly the court allows the Museum’s request for equitable relief to sell the designated artwork.”

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Justice Lowy MEMO OF UNDERSTANDING

page 1 MEMO OF UNDERSTANDING Justice Lowy Berkshire Museum and AGO April 5 2018

Reaction from Sotheby’s Auction House:

“We are very pleased that the court approved the agreement reached between the Berkshire Museum and the Massachusetts Attorney General. We look forward to working with the museum to ensure a bright future for the people of Pittsfield and Western Massachusetts.” Judge Lowy’s decision came in just in time to meet the auction’s press deadline clearing for art sales this spring, else sales would have been pushed back till the fall at the earliest. The catalogue pages are ready from last fall’s prep.

Reaction from Elizabeth McGraw, President, Berkshire Museum Board of Trustees:

“This is great news for the people of Berkshire County and everyone who visits the Berkshire Museum for one-of-a-kind experiences in history, art, and science. We recognize this decision may not please those who have opposed the museum’s plans. Still, we hope people will be able to move forward in a constructive way to help us secure and strengthen the future of this museum, at a time when our community needs it more than ever. “

Reaction from Save the Art – Save the Museum (STA-STM)

“Save the Art-Save the Museum continues to oppose the sale of the Berkshire Museum’s art treasures and its unrestricted use of the resulting funds. We also regret the judge’s disregard of the public trust in which the museum held its collections. The impending sale will not only diminish Pittsfield as a city claiming to be of cultural import to Berkshire County, but will reverberate destructively for years through collections similarly held in trust throughout the state and country. As a group, we will make a more detailed statement after meeting in person to consider the loss to our community and its impact.”

Patiner flight into egypt featured in 1953 article celebrating Berkshire Museum 50th celebration
1953

Have a look back at an inspiring 1965 Berkshire Eagle profile about Berkshire Museum Director Stuart C. Henry, and an earlier feature from the Berkshire Evening Eagle, published Thursday, Aug. 20, 1953, heralding the Berkshire Museum’s 50th anniversary. Both convey the museum’s seamless blend of high art, science, community and education.

I wonder what happened to the marble swans over the Berkshire Museum elliptical pool designed by A. Sterling Calder, father of the sculptor, Alexander Calder, and resident of Richmond, Massachusetts, less than 20 minutes away from Pittsfield?  Continue reading “What a low blow: Justice Lowy clears contested Berkshire Museum art for auction”