Carl J. Herzog Foundation, Inc. v. University Of Bridgeport

699 A.2d 995 (1997)

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Nature of the Case

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Facts

Foundation (P) made a gift of $250,000 to University (D) to provide a need-based merit scholarship for a D's nursing program. Just five years later, D informed P that it was closing its nursing program and P sued D in that it was not using the funds as was authorized under the gift made to D. P sought a temporary and permanent injunction and to reestablish the fund in accordance with the purposes outlined in the gift instrument and in the event that such could not be done, to direct the funds to the Bridgeport Foundation. D moved to dismiss for lack of subject matter jurisdiction on grounds that P lacked standing. The trial court then dismissed. The appeals court reversed.