FOR IMMEDIATE RELEASE
Wednesday, April 22, 2020
Judge rules in favor of Save Watkins, annulling Watkins Commissioners' motion to dismiss
(Nashville, TN) The heated litigation between three members of the group "Save Watkins" and the Watkins College of Art Commissioners will continue edging forward following Chancery Court judge, Patricia Head Moskal's acceptance of Save Watkins' amended complaint in a hearing held yesterday. The substantial 211 page amended complaint submitted by the plaintiffs is in response to the Watkins Commissioners' previous "motion to dismiss." Since the amended complaint is allowed to proceed, the motion to dismiss was rendered moot by the court.
The central legal claim of the litigation continues to emphasize the public status of the Watkins Institute's trust, which would make it subject to legislative and judicial oversight. The Watkins Commissioners contend that Watkins falls under the jurisdiction of being a private nonprofit and, as such, permitted to conduct its business largely in secret.
The amended complaint notably calls on the removal of Attorney General, Herbert Slatery III, as decisionmaker to the proposed Watkins-Belmont deal, citing Slatery's inability to serve as an independent party due to multiple conflicts of interest.
"The State has breached its faith, the Attorney General's Office is denying the existence of a public trust, despite the evidence thereof, the interests of beneficiaries are supposed to be represented by an Attorney General whose conflicting duties include: 1). Being a Board Member on Trustees of Watkins Institute 2). Being the Office Tasked with Reviewing the Proposed Merger of Watkins with Belmont 3). Representing the public interests under the charitable trust, and 4). Representing the public interests under the nonprofit corporation."
"Save Watkins" plaintiffs assert, "Despite Watkins Commissioners acting as public trust deniers, our latest filing provides overwhelming proof that the Samuel Watkins Trust not only remains a powerful legal public entity but that the very Commissioners denying its relevance today have acknowledged it dozens of times over the years. Despite their recent premature victory lap, the Commissioners of the Watkins Trust will not deny us our day in court".
Because of the dispute over who owns the Watkins property, which includes the campus valued at $15-20 million dollars, the petitioners are taking the appropriate actions to record a lien lis pendens on the property. The lien puts on notice on any potential buyers that this is open to litigation.
Chancellor Moskal directed both sides to agree to an expedited schedule for the next hearing.
Watkins College of Art was established by an act of the Tennessee Legislature in 1881 that accepted the will of Nashville philanthropist Samuel Watkins, which donated money and property to develop an independent, affordable public educational institution for the benefit of "the youth of Nashville." Originally named "Watkins Institute," the College has been in continuous operation for 135 years. The law directs that the Governor appoint three Commissioners to oversee the Watkins public Trust for the benefit of the citizens of Tennessee.
On January 28, 2020, the Watkins Commissioners and Belmont University, a private Christian College, abruptly announced a merger plan that sparked immediate student protests, creation of an online petition garnering nearly 7000 signatures, and resulted in the filing of the lawsuit that seeks to halt the deal to seek public transparency and oversight. The merger would close the Watkins campus in North Nashville and sell the property, giving the proceeds to Belmont for a scholarship fund. In return, the art department at Belmont would be rechristened as "Watkins College of Art at Belmont."
The plaintiffs in the legal challenge filed to Save Watkins are Kenneth Strawn and Amari Harris, two students currently attending Watkins, and Mark Schlicher, a faculty member at the institution. The plaintiffs are represented by attorneys Kevin Teets and Jonathon Fagan.
CONTACTS:
Save Watkins, Quinn Dukes, 646.704.4761, quinndukes@gmail.comKevin W. Teets Jr., 615.933.8230, kevin.teets@kevinteetslaw.com, Jonathon Fagan, 615.604.1030, jd@faganjd.com
###