by Derek Harper, Main Line Life Staff

   

After several years, the battle between the Barnes foundation and its neighbors may have reached an end.

Seventeen of the neighbors of the world-renowned museum were denied a motion they made to recover attorneys' fees and costs on Nov. 24. They have until Dec. 24 to appeal the decision.

In the motion, the residents sought to recover several hundred thousand dollars in legal costs incurred in defending against a lawsuit filed against them and the Lower Merion Township commissioners in January 1996 by Barnes, which claimed racial prejudice in a selective enforcement of zoning laws.

The neighbors were dismissed from the suit that May by U.S. District Court Justice Anita B. Brody, and the entire suit was dismissed the following year. The township then filed a claim to recover $1.7 million in legal costs, which the township and Barnes agreed to settle in exchange for a $100,000 "donation" from the institution in October 1998. The neighbors haven't made a decision about an appeal, said David Weinstein, a lawyer representing six neighbors of the Merion art institution.

The neighbors would have been entitled to their defense costs if they were able to prove the suit against them was "frivolous, unreasonable. or groundless," Weinstein said. U.S. District Court Justice Ronald Buckwalter, who took over after Brody recused herself last year, determined the complaint was neither frivolous nor unreasonable, although he said it came close to being groundless for lack of direct evidence.

The neighbors were sued, along with the township and its commissioners, after they complained about the Barnes' plans to expand its hours and increase the number of visitors to its museum.

The Barnes, which has been controlled by trustees of the historic, predominately African American Lincoln University since Barnes willed control of it following his death in 1951, claimed there was racial animus in the neighbors' and township's opposition.

They pointed out examples of unequal treatment by the township, such as permitting lawn parking at St. Joseph's University, Episcopal and Akiba academies while ticketing cars that parked in that manner at the Barnes. The Barnes also claimed the use of "code words," such as when Latches Lane resident Robert Marmon described the Lincoln appointed Trustees as "carpetbaggers" and "outsiders."

In his decision, Buckwalter said he believed the Barnes "never uncovered any direct evidence of racial hostility" but quoted another judge's beliefs on the modern, subtler forms of race prejudice.

"While discriminatory conduct persists, violators have learned not to leave the proverbial 'smoking gun' behind,' " he said. Buckwalter said in the question of subtle prejudice, he believed the Barnes' "inferences drawn were reasonable, at least, for purposes of establishing a complaint."

Dr. Walter and Nancy Herman live on Latches Lane and were named in the suit. Currently, the Barnes Foundation is a good neighbor, they both agreed. Tour buses, they say, are never seen, and the neighborhood is quiet and peaceful.

"To be perfectly frank," Walter Herman said, "some days I'm not certain whether the Barnes Foundation is open or not. It's worked out quite nicely. I myself am personally satisfied; the Barnes Foundation is a good neighbor."

However, they disagree with the ruling. Walter Herman said it was "a sad comment the township and the neighbors have been stuck with some large bills so the Barnes Foundation can be a good neighbor."

He said he wasn't ruling out appealing the decision and said, "I feel it's a piece of unfinished business."

Kimberly Camp, the executive director and CEO of the Barnes Foundation, has only been at the Barnes for little over a year, but she has grown weary of the controversy. "Of course, we're delighted to have it over," she said, but added she felt the whole affair was like some epic battle that would never end.

"It's sort of like a boxing match," she said. However, Camp said, "in this case, the boxers have gone home, the referees are watching TV and people are still shouting, 'punch him in the nose!'

"Let's just let it be and move on."