Connecticut Superior Court Judge Thomas V. O'Keefe Jr. has granted Yale's motion to dismiss a lawsuit attempting to block reorganization of the Divinity School.
O'Keefe ruled that the plaintiffs -- who include a descendant of Yale benefactor John Sterling, for whom Sterling Divinity Quadrangle is named, and a group of alumni donors and students of the Divinity School -- lacked legal standing to sue. The judge's decision was issued on Dec. 31.
"We are very pleased with the judge's decision," said Dorothy Robinson, vice president and general counsel, "which is well grounded in established law on the enforcement of charitable gifts and legal principles of standing. The rights of donors remain protected, as they traditionally have been, by the State Attorney General, who carries the responsibility of enforcing the terms of charitable gifts."
O'Keefe wrote: "Section 8 of the Yale Charter vests the power to administer the University [in] ... its President and the Fellows. Burdensome restraints on the exercise of this power must be approached with great caution and should be allowed only in the clearest cases. The plaintiffs do not present such a claim."
He further stated: "Conferring standing on any of the various types of plaintiffs is not supported by statute or precedent in this state. Ruling otherwise would ignore the need for institutions of higher learning to be able to quickly adapt to the rapidly changing financial, academic, social and cultural needs of universities." He cited the problem inherent in giving "veto power to small groups with special interests who could use this power to effectively thwart any plan of any type that they deemed unwise."
The plaintiffs in the case sought to prevent the Divinity School from renovating its campus at 409 Prospect St., constructed in 1931-32.
In December of 1996, President Richard C. Levin announced the Yale Corporation's approval of re-construction of the Sterling Divinity Quadrangle. Architects R.M. Kliment and Frances Halsband drew up preliminary plans recommending adaptive reuse of the current facilities, moving the academic program and community life to the front of the facility, renovating Marquand Chapel, preserving the Day Missions Reading Room, and altering residential buildings to incorporate classrooms, administrative, and communal spaces.
The YDS, founded in 1822, is interdenominational and nonsectarian.