Lawsuits Against Rider Over Westminster Choir College Dismissed

LAWRENCEVILLE, NJ — New Jersey Superior Court has granted Rider University’s motions to dismiss two lawsuits challenging the university’s right to move Westminster Choir College from Princeton to Lawrenceville this week.

On Monday, the Superior Court dismissed lawsuits by the Westminster Foundation and a group of students opposed to the university’s plan to move the college from its current location in Princeton to Lawrenceville. The Westminster Foundation plans to immediately appeal the decision.

The decision affirms Rider’s long-held confidence in its legal position and will allow the university to focus even more of its efforts and resources on ensuring a strong and sustainable future for Westminster Choir College and Rider, the university said in a statement.

“Much work already is underway to successfully transition Westminster’s programs to Lawrenceville, and much work remains,” Rider President Dr. Gregory G. Dell’Omo said. “The transition will be achieved most successfully if we work together as a community, offering one another strength and support as we move forward. And we must move forward. Now is the time for every member of our community to look ahead to the future with hope, confidence and resolution. We recognize that while change can be unsettling, it is sometimes necessary, and it can lead to new possibilities.”

“In an unprecedented decision, the New Jersey Chancery Division court mistakenly held that Westminster is not a charity and is not protected under New Jersey’s charities laws,” Westminster Foundation Attorney Bruce Afran said.

“The court’s decision holds that no one — students, faculty or alumni — can challenge an ill thought out plan that would destroy one of the world’s greatest cultural institutions,” Westminster Foundation President Constance Fee said.

The appeal is expected to be filed Friday morning.

Rider said relocating Westminster to Lawrenceville will help the university elevate and enhance its arts and music programs “in ways that will create new opportunities and serve the needs of 21st-century students.”

“We believe strongly in that vision, and we believe strongly in Westminster Choir College and its unique cultural contribution to the world,” Dell’Omo said. “We are working hard to continue those contributions to ensure a strong and sustainable future for Westminster Choir College.”

In July, Rider called off its proposed $40 million sale of the college to China-based Kaiwen Education. Instead, the choir college will become part of the university's existing Lawrenceville campus in September 2020. Read more here: Rider Calls Off Choir College Sale; Campus Moves To Lawrenceville

That plan was immediately met with opposition from the Westminster Foundation, a special interest group dedicating to preserving the college. Read more here: Westminster Foundation Opposes Selling Or Moving Westminster Choir College

In October, a group of 71 Westminster Choir College students joined the fight. Read more here: Westminster Choir College Students Join Lawsuit Against Rider

Rider said its plans to ensure a successful transition include significant investments in facilities on its Lawrenceville campus, including a 23,000-square-foot addition to the Fine Arts Center that will create new practice and rehearsal spaces, faculty offices, teaching spaces, dressing rooms and more. Other projects include renovations and additions to the university's library and chapel.

Opponents have argued that under a 1991 agreement, Rider is obligated to maintain a separate identity for Westminster and to operate it at its current location on the Princeton campus. They argue Rider doesn't have the authority to move the college.

In 2017, Rider commenced an intensive worldwide search for a partner for Westminster Choir College that began with 281 potential suitors and review of 13 formal proposals of interest, five of which expressed interest in Rider's preferred option of maintaining and operating Westminster in Princeton. No U.S. higher education institution expressed interest in operating Westminster in Princeton, university officials said.

The search came at the recommendation of a Special Committee the Rider Board of Trustees convened to study ways to strengthen the University, which included the potential consolidation of the two campuses. Read more here: Rider Sells WCC To Chinese Company For $40 Million

But the decision to sell to Kaiwen came under fire, as Kaiwen had no prior experience running an institution of higher education. The Attorney General's Office also questioned the reasoning for the sale, how the sides arrived at the price, Rider's efforts to sell the college to another education institution, why Rider would sell to a newly incorporated non-profit entity in New Jersey and steps Rider took to ensure Kaiwen would continue Westminster's educational traditions and curriculum, among others.

Ultimately, Rider decided not to sell the campus, and to just move it to Lawrenceville. Two lawsuits were filed, and the fight looks like it will continue beyond the court's decision.

“One of the world’s great cultural institutions is threatened with closure, and we will continue this battle on every front,” Fee said.