It ain't over 'til the fat lady sings is a version of an old Southern proverb, essentially meaning that one shouldn't assume the outcome of some activity until it has actually finished. Classical music lovers are well aware that the saying probably refers to the world of opera where the zaftig soprano lead offers a tour de force aria prior to the conclusion of the opera. Any WCAL listener would know this.

SaveWCAL has scored a major victory on behalf of WCAL donors and friends of St. Olaf College.

The Minnesota Attorney General, the chief legal officer of the state, has finally weighed in, firmly supporting SaveWCAL's contention that WCAL is a charitable trust. On June 20, 2007, the Minnesota Attorney General filed the State's Memorandum of Law Regarding the Petition of St. Olaf College and the Affidavit of Ann K. Bloodheart  [PDF, 41 pages] clearly deliniating that WCAL is a charitable trust. The AG's memo says:

In its April memorandum, St. Olaf attempts to circumvent charitable trust requirements for lifting restrictions on its assets by characterizing certain of its assets as not "literally" being charitable trusts and thus not subject to charitable trust principles. St. Olaf's assets, however, are undoubtedly either charitable trusts or held in charitable trusts and thus subject to charitable trust principles. Interestingly, St. Olaf's charitable trust arguments in its April memorandum are directly at odds with the charitable trust principles it sets forth in its original Petition for Release On and Instructions Regarding Administration of Certain Gifts (dated October 6, 2006 [and filed on December 28, 2007]) ("Original Petition").

The State has requested that the court reject St. Olaf's interpretation of charitable trust law--and, therefore, St. Olaf's petition to repurpose the funds currently held in the WCAL endowment.

St. Olaf College's attorney and SaveWCAL attorney Michael McNabb are allowed to file responses to the AG's memorandum, due on July 9. The AG then has the option to respond to those responses by July 17. 

The result is that the petition will be "taken under advisement" by the judge on or around July 18, 2007. The judge then has 90 days to weigh the matter before issuing the court order.

If the court accepts the AG's recommendation--which is highly likely--then there are still a number of legal issues concerning the handling of the WCAL charitable trust and endowments that can and/or must be considered in the courts.

SaveWCAL, always a team effort, acknowledges an incredible debt of gratitude for the unceasing and tireless pro bono work of attorney Michael McNabb over the course of the past three years that has enabled us to reach this point.

Fram! Fram!

SaveWCAL reminds readers that the current Rice County District Court Petition regarding WCAL charitable trust assets was initiated and filed by St. Olaf College, not SaveWCAL. On March 8, 2007, SaveWCAL attorney Michael McNabb received the permission of the court to participate in the hearing.