Chattanooga Symphony and Opera (CSO)The Chattanooga Symphony and Opera Association claims a local charity is not in tune with the wishes of its donor and has mounted a legal battle to get a bigger share of the charity's money.
The Lillian L. Colby Charitable Foundation, created two years ago after the death of Signal Mountain teacher Lilly Colby, gave the symphony $25,000 last year -- its single biggest grant ever -- from the $5 million foundation created from Colby's estate. But symphony leaders claim that amount is only a fraction of what she wanted to give to support the symphony.
In a lawsuit filed in Chancery Court on behalf of the CSO, attorney John Konvalinka charges that SunTrust Bank and the trustees of the foundation "have committed serious breaches of trust" and should be removed from the foundation board. The symphony claims that one third of the foundation's annual giving -- or more than $100,000 annually -- should go to the CSO.
"We were very excited to hear about this gift from Mrs. Colby and it seemed to us that her intention to support the symphony was very clear," CSO Chairman Spencer McCallie said Thursday. "We filed this suit with some reluctance, but our entire board felt we had no other choice."
But foundation board members said Thursday they are "disappointed" the symphony would go to court for money after the CSO was the biggest beneficiary of the foundation grants in 2013.
Catherine Colby, a niece of Lilly Colby and a member of the foundation board, said her aunt "would be distressed by the symphony's recent agenda and saddened that it feels entitled to even more resources."
"These other donations are giving support to her church and other Chattanooga area organizations, combating hunger, homelessness and seeking to improve the quality of life of individuals, families and the community," Catherine Colby said in a statement.
The lawsuit claims Colby intended to provide funding for the Wayside Presbyterian Church and other charities for the poor and homeless, along with ongoing support for the symphony and opera.
Molle Sasse, executive director for the CSO, said the symphony has operated on a relatively flat annual budget of about $2 million for most of the past decade, and the extra funding expected from the Lilly Colby charity "would help us tremendously" to sustain and build up the local symphony and opera.
Sasse said the symphony applied for another grant this spring from the Colby foundation. But the CSO has not yet gotten any extra funding even though it contends the symphony should automatically be funded each year by the foundation.
The lawsuit claims the foundation includes three times as many trustees from SunTrust Bank as what Mrs. Colby wanted and its giving "is inconsistent with Mrs. Colby's expressed intent for the foundation."
Colby, who was born in 1920 to a farming family in Eagleville, Tenn., lived with her husband, Fred Colby, on Signal Mountain and taught school at Thrasher Elementary. The Colbys had no children and were longtime supporters and season ticket holders for the CSO.
Contact Dave Flessner at dflessner@timesfreepress.com or at 757-6340.