Error to Apply Cy Pres to Dissolving Fire Company

The Orphans’ Court properly refused to approve the distribution of the assets of a dissolving nonprofit corporation to organizations that did not provide firefighting services, but it was error to apply the cy pres doctrine to order distributions to two other firefighting organizations chosen by the court when the by-laws of the dissolving corporation allowed its members to choose the recipients. In re: Lincoln Fire Company, ___ A.4th ___, 479 C.D. 2022 (Pa. Cmwlth. 1/16/2024), aff’g in part and rev’g in part, 12 Fid.Rep.3d 312 (Montgomery O.C. 2022).

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