Wizard of Oz Dorothy costume lawsuit tossed by choose

This “Wizard of Oz” gown could be off to see the auction dwelling pretty before long.

A federal decide in New York on Monday dismissed a lawsuit tough the ownership of a gown worn by Judy Garland when she performed Dorothy in “The Wizard of Oz,” which for much more than a 12 months experienced held up a planned auction of the storied garment by The Catholic College of The us.

Choose Paul Gardephe gave the plaintiff, Barbara Hartke, 10 times to present an argument as to why he ought to not raise an injunction that has blocked the auction considering that mid-2022.

In his ruling, Gardephe wrote that Barbara Hartke had failed to establish that she had lawful standing to assert an possession appropriate in the “Oz” costume, which beforehand was owned by the Wisconsin woman’s uncle, the late Rev. Gilbert Hartke, a longtime professor at Catholic University. The university, situated in Washington, D.C., claims it is the proprietor of the costume.

Anthony Scordo III, Barbara Hartke’s attorney, advised CNBC on Monday that he hopes to quickly have her appointed as an executor of her uncle’s estate, which could make it possible for her to renew her lawful assert to the dress’s possession.

“We are not out of the box yet,” said Scordo.

He also designs to argue to the judge that it would be “premature to lift the injunction” blocking the auction though Barbara still might have grounds to contest the possession.

In a assertion, Catholic College explained that it “is incredibly inspired and pleased that the motion to dismiss was granted and seems forward to achieving finality in this case in the coming weeks.”

Gilbert Hartke, who had served as chairman of the university’s drama section, been given the blue and white costume from the Oscar-profitable actress Mercedes McCambridge, who was a pal of Garland’s. The dress is thought to be 1 of 6 worn by Garland in the 1939 film. Garland died in 1969 McCambridge in 2004.

Right after Father Hartke died in 1986, the gown was missing for many years, but then was uncovered in 2021 in a trash bag previously mentioned school mail slots for the duration of a renovation of the Hartke Theater at the college.

Catholic University contracted with the Bonhams auction residence in March 2022 to sell the costume in New York. The dress was expected to fetch among $800,000 to $1.2 million at auction.

But that sale was place on hold when Barbara Hartke sued the two the college and Bonhams in Manhattan federal court docket final calendar year.

Gardephe’s ruling Monday dismissing her declare pointed out that Father Hartke had taken a vow of poverty when he became a priest of the Dominican order in 1933. In that vow, Hartke renounced his ownership of “temporal merchandise,” and agreed to change above his wage to the Faculty of the Immaculate Conception.

The judge wrote that Barbara Hartke’s lawsuit, which asserts that the gown belongs to her uncle’s estate, failed to plead info demonstrating that she is a “true section of desire.”

The ruling also notes that there is almost nothing in the court docket file to exhibit that she has been appointed a individual representative of her uncle’s estate despite her getting petitioned the D.C. Probate Court for that position.

As a outcome, “she lacks standing to carry this motion,” Gardephe wrote.

The choose left the doorway open up for Barbara Hartke to amend her lawsuit to make a different argument for lawful standing. But Gardephe noted that “it seems doubtful” that these types of a assert would be successful.

Barbara Hartke’s attorney Scordo informed CNBC that obtained the situation data files for her uncle’s estate from Probate Courtroom only in Oct, extended soon after they have been asked for, and that there has been no ruling but on her software to be appointed private consultant for the estate.