A judge has now officially cleared the way for Catholic University to auction off an iconic dress, which has been at the center of a lengthy court battle.
The iconic blue and white gingham dress worn by Judy Garland in the 1939 movie “The Wizard of Oz” was given as a gift by the actress Mercedes McCambridge to the late Father Gilbert V. Hartke in 1973.
The dress was found decades after it went missing, in university storage along with other possessions of Father Hartke after his death in 1986.
The university had claimed the dress was a gift to the school where Hartke founded the drama program, but his niece Barbara Hartke claims it was gifted to her uncle and belonged to his family. This led a federal judge in New York to issue a temporary injunction which halted the auctioning of the dress in 2022.
In December of last year, U.S. District Court Judge Paul Gardephe ruled that case would be dismissed unless, in 10 days, Barbara could show she was authorized to bring a claim on behalf of her uncle’s estate.
After 10 days, Gardephe said Barbara had not demonstrated “that she is authorized to bring a claim on behalf of the estate, she lacks standing to bring this action, and her claims must be dismissed.” Another complaint filed by the niece did not convince him to keep the injunction in place.
Now, almost two years later, the auction will be allowed to happen as the injunction has been lifted.
“While it took a little while longer, it is very satisfying to know that we will be able to proceed with an auction to raise funds benefiting a school that Father Hartke loved so dearly,” said Jacqueline J. Leary-Warsaw, dean of the Benjamin T. Rome School of Drama.
Barbara and her attorney, Anthony Scordo, claimed there is no evidence that her uncle left the dress to Catholic University.
In response to the loss in court, Scordo said they are exploring their options, including a possible appeal of the outcome.
“My client and I are most disappointed with the dissolution of the injunction preventing the auction of the iconic Dress, as we feel we clearly demonstrated the elements to keep it in place, pending resolution of who owns the Dress,” Scordo said in an email to WTOP.
Even with an auction with international auctioneer Bonhams expected to now take place, a date for the new auction has not been announced.
“Just like in the movie ‘The Wizard of Oz,’ we have encountered some obstacles to reach this destination, but in the end it will be worth it — benefiting our students and our program,” Leary-Warsaw said.
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