After a 45-minute hearing Wednesday in his Portage courtroom, Thode said he would take under advisement whether to dismiss the lawsuit Brauer and Brockington have filed against the university to halt the sale because it would be a violation of the Percy H. Sloan Trust, which provided directly or indirectly for the three renowned paintings.in late April against Valparaiso University President José Padilla, the university and Indiana Attorney General Todd Rokita.
Georgia O’Keeffe’s “Rust Red Hills” at Brauer Museum of Art on the Valparaiso University campus in Valparaiso, Indiana Friday February 10, 2023. Campus and community members continue to react to announcement of the pending sale of O’Keeffe’s and two other works to fund first-year student dorm renovations.
Brauer’s name on the museum is honorary and can be removed at any time, Colby Barkes, the attorney representing the university, said in court Wednesday.“While the museum is named for Brauer, he has no connection to the trust,” Barkes said, adding Brockington’s own endowment to the university also is not a connection to the Percy H. Sloan Trust.
Attorney Patrick McEuen, who represents Brauer and Brockington, both of whom attended the hearing, said he was aware when he filed the lawsuit that standing was going to be an issue for his clients.