[MassHistPres] ("legal") advice sought

[Patti Violette]

Hello there
I used to work for Old Fort Western in Augusta, Maine.  The building and
grounds were owned by the city and responsible for any exterior maintenance
and anything that had to do with the property.  The Fort also had a private
side with a board of trustees and these trustees were responsible for
everything INSIDE of the museum such as collections and programming,
interior repairs, and actual museum operations.  It seems to me that the
Town would not have a legal standing for items acquired for the museum if
your board of trustees is in charge of them.  Unless of course, items were
specifically gifted to the town itself and not the library/museum.  Sounds
like a sticky one especially since I am interpreting your emails to say
that there is no deeded gift paperwork available to substantiate the claims
that it either belongs to the town or to the trustees of the
library/museum.

Best,

*Patti*
Patricia Violette, M.S. Ed.
Executive Director/Curator/CEO
The Shirley-Eustis House Association
33 ShirleyStreet
Boston, MA  02119
617.442.2275
www.shirleyeustishouse.org
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On Thu, Sep 25, 2014 at 2:24 PM, James Kossuth <jkossuth at gmail.com> wrote:

> Have you reached out to the Attorney General's municipal law unit?  They
> can be reached at
>
> Office of the Attorney General, Municipal Law Unit, 10 Mechanic Street,
> Suite 301 Worcester, MA 01608-2417. Telephone: 508-792-7600, FAX:
> 508-795-1991.
>
> The disposition of surplus municipal property is governed by both state
> and municipal law, and, if you are having trouble with town hall listening
> to you, you may need to go over their heads to the state.
>
> It would be highly unusual, but you may want to consider seeking an
> injunction to at least put the sale off until these issues can be
> resolved.
>
> I am an attorney, but no longer practice, and THIS IS NOT LEGAL ADVICE,
> just some friendly suggestions.
>
> Best,
> James Kossuth
> Medford HC
>
>
>
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