Preliminary Hearing on College Property Sales

Photo March 2, 2026 © WLS

News both Encouraging and Concerning

SUMMARY

The March 11, 2026 Cayuga County Supreme Court hearing on Wells College’s Board of Trustees’ petitions to auction the College’s personal property, sell the off-campus houses to individual buyers, and transfer the campus to the Hiawatha Institute for Indigenous Knowledge (HIIK), adjourned with no final decisions and a number of open questions as to both procedure and substance.

At the moment, it appears there may be movement towards a tentative agreement to preserve assets of cultural or historical significance and not send them to auction. The sale of off-campus properties and the campus itself are tied together for the moment, with potentially delaying effects for the sale of off-campus properties. The question of who has the right to participate in the judicial review of the proposed sale of the campus was left open, but should be resolved by the Supreme Court within a few weeks.

The Court will convene its next hearing on April 8, 2026 at 10:30 a.m. The public is permitted to observe these virtual hearings online.

DETAILS

The Honorable Darius K. Lind presided over today’s hearing for the consideration of three separate petitions filed by the Wells College Board of Trustees. Assistant Attorney General Timothy Mulvey appeared on behalf of the Attorney General, with attorney Frank Patyi representing the Wells Board of Trustees, attorney Michael Nicolson representing the Cayuga Nation, and Harriett Higgins representing herself and Minerva Institute.

* Proposed auction of personal property:

The hearing began with the announcement that the New York State Department of Education has filed a formal objection to the proposed auction of all of the College’s pieces of art, artifacts, rare books, paintings, and sculptures. The items proposed to be auctioned included some that are historically significant to Wells College, the Village of Aurora, Cayuga County, and the Finger Lakes region.

The Wells Legacy Society (WLS) had written to AAG Mulvey and the Board of Trustees urging the removal of these items from auction and their donation to appropriate local cultural centers. The Aurora-Ledyard Historical Society and the Aurora Village Historian both wrote supporting letters to AAG Mulvey expertly expanding upon our concerns.

The Education Department’s objection is not among the Court’s e-filing and does not appear to be available for public review at this time, but it was characterized at the hearing as relating to the potential significance of the College’s “personal property” art holdings to the people of the State of New York. Mr. Patyi stated that the Board of Trustees had engaged an expert to analyze which assets are potentially valuable and which are not. This analysis is underway, but will take a number of weeks. He and Mr. Mulvey both expressed an interest in returning to the Court with a proposed Consent Order agreeing to the future disposition of these assets. The WLS had included an inventory of items it felt should remain local, so we will hope to see these included in any future agreement.

The Court will take up the matter of the proposed sale of the College’s assets on April 8, and 10:30 a.m.

* Sale of off-campus properties

Mr. Patyi asked for the Court to approval the pending sales of the College’s off-campus properties, stating that the buyers had already waited several months to close on these sales. He noted that the College was expending its own funds on the maintenance and taxes for these properties, thus diminishing the net proceeds that otherwise would flow to new charities or beneficiaries.

But the AAG objected. His objection appeared to be procedural in nature and not substantive. His office appears to want the two real estate petitions (off -campus/campus) to be considered together and not separately. This matter was also continued to the April 8 hearing. The fact that two parties wish to intervene in the campus sale petition, and the potential for that petition to take some time to resolve, would mean a potentially long delay for off-campus properties — like the Paul Jones House —  if the AAG’s position prevails.

* Sale of campus

Finally, the Court heard legal arguments on the procedural question of who, if anyone, may intervene and participate in the hearing on the merits of the proposed sale of the College campus to the HIIK. Two interested parties had filed motions to intervene — the Minerva Institute and the Cayuga Nation. Before the Court can reach the substance of the College’s petition for approval of the sale of the campus, it must decide who has a right to formally appear and contest the matter.

Attorney Nicholson argued that the Cayuga Nation had the right to intervene and be heard because: 1) the campus is located on its ancestral lands and one mile from the Cayuga Nation’s own sovereign boundary, 2) that the use of portions of the campus would be changed from educational to market-rate housing, and 3) because HIIK’s proposed educational use of the campus invokes the connections between the Wells campus and the Cayuga Nation’s ancestral homelands as a central feature of the project’s justification without HIIK having consulting with the Cayuga Nation. Attorney Nicholson urged the Court to permit the Cayuga Nation to intervene as a party and to be heard on the merits of the proposed sale of the campus.

Harriet Higgins asserted that the Minerva Institute had gathered a group of people who all own property close to the campus, who want to return the campus to use in a calm and respected environment. She also referenced Sweetbriar College in Virginia, which she said successfully reopened after the trustees who had closed it for financial reasons were dismissed.

The AAG took that position that interested parties should be given the opportunity to be heard in the proceeding, concurring in large part with the Cayuga Nation’s legal reasoning and arguments. The AAG took pains to point out that, while the AG’s role is to represent the public interest broadly, it does not represent any particular interested entity.

On behalf of the Wells College Board of Trustees, Mr. Patyi opposed the motions to intervene. He cited the precedent established in the Wells College petition to establish a legacy agreement with Hobart and William Smith Colleges (HWS) last November in the same court (with a different judge presiding). At that time, the Village of Aurora’s motion to intervene on behalf of keeping the historical Archives in Aurora was denied. He also argued that superior courts — the Appellate Division — had issued binding precedents limiting participation to the officers, members, and creditors of the petitioner/nonprofit.

After hearing all of the legal arguments on the two new motions to intervene — the procedural question of who has the right to participate in the proceeding — Judge Lind invited all parties to submit any supplementary briefings they wished by March 25, and promised a decision on this question before the April 8th hearing.

CONCLUSION

From the perspective of the Wells Legacy Society, the result of today's hearing is both encouraging and concerning. First, there appears to be progress in an effort to preserve some assets from auction, potentially for donation to appropriate cultural or educational institutions. The NYS Department of Education appears to have taken a position consistent with that introduced by the WLS and then expanded upon by the Aurora-Ledyard Historical Society and the Village Historian. The parties appear to be attempting to come to an agreement on the disposition of items of cultural significance.

On the other hand, the continued delay in the sale of the campus and off- campus properties is very concerning from a preservation perspective.  Stated simply, buildings need to be occupied and used. The longer they are vacant, the more likely they are to suffer structural damage.

WLS will sit in virtually on the April 8 hearing, and circulate in advance the link for others to apply to observe the hearing on line.