Commonwealth Ex Rel. Beales v. Joco Foundation

Because I believe that the circuit court has subject matter jurisdiction over this controversy, I respectfully dissent.

The majority opinion holds that the circuit court would have jurisdiction over this action brought by the Attorney General if the entity involved were a trust rather than a corporation. However, it is the nature of the claim not the form of the entity involved in the claim that is dispositive. The public interest in the proper disposition of charitable assets is the same irrespective of the form of the entity entrusted with the assets. Furthermore, we have previously stated…