PITTSFIELD, MASS.- The Massachusetts Appeals court has ruled that those filing a lawsuit to stop the Berkshire Museum from selling works to secure the museum’s future, do not have the right to do so, affirming earlier decisions by the Superior Court.

The Appeals Court ruled that those who brought the suit, James Hatt, Kristin Hatt, and Elizabeth Weinberg, do not have standing to do so, and further, that the Attorney General alone has the authority to take legal action on these issues. The case had sought a temporary injunction to stop the sales.

“We are moving forward to secure the future of the Berkshire Museum and ensure it continues to be a vibrant and important part of this community,” said Elizabeth McGraw, President of the Board of Trustees. “And we welcome the community to support that work.”

The Massachusetts Supreme Judicial Court allowed the sales of a limited number of works as expressed in a joint proposal of the Museum and the Office of the Attorney General (AGO). That agreement, approved by the SJC in April, authorized the sale of works to generate the $55 million the museum needs to create a sustainable endowment and fund needed renovations and repairs to the Museum’s more than 100-year-old building.

The museum has sold twenty works through two groups of sales, as allowed by the agreement. The final two works in the second group will be offered by Sotheby’s at auction in November. There are more than 40,000 works in the museum’s collection.

A copy of the Court’s decision can be found here.