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Berkshire Museum Sale of Important Works Halted by Appeals Court

By Fox Rothschild LLP on November 15, 2017
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Massachusetts Appeals Court Justice, Joseph A. Trainor, granted a motion for an injunction on the sale of important works of the Berkshire Museum.  The auction was to be hosted by Sotheby’s this week. The controversial injunction was entered two weeks after Judge John A. Agostini of Massachusetts’ Superior Court held that the Board of Trustee’s of the Berkshire Museum was permitted to pursue its plan to raise $50 M through the sale of art.

Justice Trainor entered his decision after the Massachusetts Attorney General, Maura Healey, filed an appeal three days before the scheduled auction. The Massachusetts Attorney General based her last minute appeal on the fact that the lower court did not consider, among other things, that the planned deaccession of important works would violate the museum board’s duties under its museum charter.

The museum’s controversial sale was to include the sale of two famous Norman Rockwell paintings – Shuffleton’s Barbershop and Shaftesbury Blacksmith Shop. Sotheby’s announced that it was disappointed that the Massachusetts Attorney General had decided to appeal, and that Justice Trainor entered the injunction.  The Board of Trustees of the Berkshire Museum has been fighting Margaret Rockwell, who represents the family of Norman Rockwell as well as other dissatisfied museum members.

  • Posted in:
    Business and Commercial
  • Organization:
    Fox Rothschild LLP

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