WORCESTER — A scheduled court hearing between Holy Cross and a major benefactor over millions in donations was delayed Friday as both sides continued to disagree on the facts underlying their dispute.
Cornelius B. Prior, namesake of the Prior Performing Arts Center, and the college were scheduled for a hearing over his request that $21 million in donations be returned . The hearing was delayed, records show, until Oct. 7.
The sides wrote in court records they were unable to fulfill a request of the judge to meet and see if they might satisfy some of Prior’s concerns prior to Friday.
Holy Cross, in a new court filing that includes several additional exhibits, said Prior’s lawyer played “fast and loose” with the facts during the last hearing Aug. 1.
Prior is requesting the college return his money — which, he said, would be redirected to other charitable purposes — alleging the college violated an oral agreement they had regarding the building of the sleek, $109 million Prior Performing Arts Center.
Holy Cross President Vincent D. Rougeau, in a recent message to the college community, said Prior’s arguments are not rooted in fact , and the college in its recent filing included an appendix of five claims it said his lawyer argued Aug. 1 that are demonstrably false.
The college’s lawyers wrote that Prior’s lawyer, Steven Cowley, among other inaccuracies, improperly stated that Prior had taken the position the college had “abandoned” their deal, and that Prior did not have to make a final $7 million payment of a $25 million pledge.
The college appended an email to the filing it said proved the claim inaccurate. In the email, Prior, on Nov. 10, 2022, wrote to the college that he wished to “affirm” his $25 million donation.
After mentioning logistical issues he said were making timing tricky, Prior ended the email by writing, “In the meantime, you are secure in the availability of funds to the college.”
The college also wrote that Cowley, in the Aug. 1 hearing, said Prior wasn’t aware until “recently” that the college had started construction in 2019 — a statement it said was contradicted by a photo of Prior at a 2019 groundbreaking ceremony it attached to court records.
The college also included a 2018 email from the college to Prior regarding progress it said contradicted claims Cowley made that Prior was left in the dark about construction for years.
Cowley, in an email to the T&G, said his client does not agree the new submissions contradict his arguments.
“Holy Cross’ new filing appears inconsistent with its own arguments to the Court, but not Mr. Prior’s,” he wrote.
Prior, in a lengthy statement to the T&G, criticized Rougeau, alleging he had mischaracterized the nature of the dispute in his recent letter and has not dealt in good faith with him as a donor.
“I was forced to ask for the court’s assistance, because my attempts to address (my) concerns with Mr. Rougeau’s administration privately were met with a surprising hostility and efforts to publicly humiliate me, which I concluded must have been intended to bully me into silence,” he wrote.
Prior said his lawsuit is not about money but principle; he said he was extremely concerned the administration would not share with him financial details ensuring the stewardship of his donation.
“If a contributor cannot trust that his or her voice will be heard, promises made by the College will be kept, and conditions on donations will be honored and accounted for, it bodes very poorly for relationships that are vital for the College to develop and maintain,” he wrote.
A federal judge has ordered that Holy Cross provide Prior with additional financial information prior to the next court date, as he considers arguments Holy Cross made seeking to compel arbitration before the lawsuit can proceed.
The meeting between the two sides is slated to take place in late September, court filings show.
This article originally appeared on Telegram & Gazette: Court hearing postponed as Holy Cross and disgruntled donor continue pointing fingers
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