The SaveWCAL board has announced its unanimous decision to proceed with an appeal of the SaveWCAL Petition To Redress Breach Of Trust and will take the case to the Minnesota State Court of Appeals.
WCAL was the first listener-supported radio station in the United States and had served the community for more than 80 years when the charitable trust that protected it was improperly liquidated by the St. Olaf College Board of Regents in 2004.
The charitable trust analysis of Rice County District Court Judge Gerald Wolf in his June 2008 Order is correct. Over more than 80 years, the WCAL donors contributed millions of dollars to build and sustain a public radio station — not to create an asset that St. Olaf could sell in order to divert the funds to other purposes.
The proceedings in Rice County District Court have produced two decisions that are irreconcilable. In the initial proceeding Judge Wolf concluded that WCAL was a trust, and he rebuked the Attorney General for failing to intervene to safeguard the trust.
In the subsequent proceeeding Rice County District Court Judge Bernard Borene concluded that the station was not a trust — while simultaneously finding that the WCAL donors contributed all the funds to construct the Hector Skifter Building and the Rosemount broadcasting tower and finding that their contributions enabled St. Olaf to maintain the broadcasting license for WCAL!
An appeal is the proper way to resolve this conflict.
The objective of the appeal is the restoration of WCAL, a radio station that "shaped our State" in the words of the Minnesota History Center.
SaveWCAL is confident that when the case is fully reviewed by an appellate court, its Petition will prevail and result in the nullification of the sales transaction between St. Olaf College and Minnesota Public Radio.
SaveWCAL's decision reflects our unwavering commitment to the long-standing core principles of Minnesota trust law which, when properly enforced, will protect the original intent and donations of tens of thousands of WCAL Radio donors over more than eight decades.
If the Court Order of Judge Borene is allowed to stand, Minnesota donors will have little recourse when trustees and organizations act against the intent of the donors and convert assets to unauthorized use. The precedent set could help pave the way for the liquidation of billions of dollars of assets held in trust by nonprofit organizations and trusts across the nation.
Not only are hundreds of other listener-supported radio stations at risk. Other types of charitable assets — such as book/library or art collections — may also fall victim to quick, even secretive, sales and liquidations by trustees and boards seeking to fund their own operations with assets they were entrusted to protect.
The SaveWCAL appeal will be contingent upon our organization raising at least $50,000 within the next 30 days. To support our efforts and speed us on our way, an anonymous SaveWCAL supporter has pledged a generous matching gift challenge — a dollar for dollar match of up to $25,000 for funds raised from now until April 30, 2009.
Is $25,000 — or more — possible? Absolutely!! Imagine
- 250 people give $100 = $25,000
- 150 people give $167 = $25,000+
- 50 people give $500 = $25,000
- etc.
We know these are challenging economic times — and we have been told by many SaveWCAL supporters that they stand ready to see that justice is done. SaveWCAL supporters can contribute in one of two ways.
1. Via PayPal and/or credit card by clicking on the DONATE button at the top of the righthand column of our web site.
2. Checks may be made out to "SaveWCAL" and sent to:
- W. B. (Skip) Chapin, Jr. CPA
SaveWCAL Treasurer
5124 Queen Avenue South
Minneapolis, MN 55410-2217 USA
SaveWCAL is a 501(c)3 tax-exempt organization. Your contribution is tax-deductible to the full extent allowed by the law.
In the following days and weeks, we will keep you informed about our financial progress towards our goal.
Fram! Fram! Forward! Forward!
{ 2 comments… read them below or add one }
This is great news! I'll send my contribution in on PayPal now.
Me too –
a check & silly card from Mr. Punch is in the mail!