Quote:
Originally posted by Rudey
But doesn't one control the other or no?
-Rudey
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One could control the other but not always. In this case, the "Kappa Sigma" Foundation should really be named the Richard Miller Foundation. This is a private foundation that was started by Richard Miller and it is independant of Kappa Sigma Fraternity. It would be like anyone of us starting our own foundation with the purpose of helping our organization. The person who signs the checks is in control. If Miller wanted to give control to Kappa Sigma Fraternity he could have named the fraternity's officers to the board of the Foundation or he could have the given the building to the Fraternity as a gift. Kappa Sigma Fraternity screwed up by letting Miller use the name Kappa Sigma Foundation because he then solicited donations in the name of the fraternity but the fraternity did not have control of those donations.
As far as who is legally right and wrong, I'm taking the side of the Foundation. Miller put up the money. He bought the building. He started the Foundation to manage the building. Any decisions regarding the building are up to the Foundation.