The iconic “Wizard of Oz” dress may soon head to the auction house. On Monday, a federal judge in New York dismissed a lawsuit that had been delaying the auction of the dress worn by Judy Garland as Dorothy in “The Wizard of Oz.”
This lawsuit, filed by Barbara Hartke, had halted The Catholic University of America’s plans to auction the famous garment for over a year.
Judge Paul Gardephe granted Barbara Hartke ten days to present arguments against lifting an injunction that has been preventing the auction since mid-2022.
In his decision, Judge Gardephe stated that Barbara Hartke had not demonstrated sufficient legal standing to claim ownership of the dress.
The garment, previously owned by Hartke’s late uncle, Rev. Gilbert Hartke, a former professor at Catholic University, is claimed by the university, which is located in Washington, D.C.
Barbara Hartke’s lawyer, Anthony Scordo III, told on Monday that he hopes to soon secure her appointment as executor of her uncle’s estate, which could enable her to renew her claim to the dress.
“We’re not out of the box yet,” Scordo remarked.
He also intends to argue that lifting the injunction would be premature while Barbara still might have grounds to contest ownership.
Catholic University expressed satisfaction with the dismissal, stating that it is “very encouraged and pleased” by the ruling and looks forward to concluding the case in the coming weeks.
Rev. Gilbert Hartke, who was chair of the university’s drama department, received the blue and white dress from Mercedes McCambridge, an Oscar-winning actress and friend of Garland.
The dress is believed to be one of six worn by Garland in the 1939 film. Garland passed away in 1969, and McCambridge in 2004.
Following Father Hartke’s death in 1986, the dress was missing for decades until it was discovered in 2021 in a trash bag above faculty mail slots during renovations at the Hartke Theater at the university.
Catholic University arranged for Bonhams auction house to sell the dress in New York in March 2022, with the item expected to fetch between $800,000 and $1.2 million.
However, the auction was postponed when Barbara Hartke sued both the university and Bonhams in Manhattan federal court last year.
Judge Gardephe’s ruling on Monday noted that Father Hartke had taken a vow of poverty when he became a Dominican priest in 1933.
This vow included renouncing ownership of “temporal goods” and agreeing to donate his salary to the College of the Immaculate Conception.
The judge’s ruling highlighted that Barbara Hartke’s lawsuit, claiming the dress belongs to her uncle’s estate, did not provide sufficient facts to prove she is a “real party in interest.”
The ruling also pointed out that there is no evidence in the court record that she has been appointed as a personal representative of her uncle’s estate, despite her petition to the D.C. Probate Court.
As a result, “she lacks standing to bring this action,” Gardephe wrote.
The judge did allow for the possibility of Barbara Hartke amending her lawsuit to present a new argument for legal standing, but noted it “appears doubtful” that such a claim would be successful.
Scordo informed that he received the estate files from Probate Court only in October, long after the initial request, and that no decision has been made yet on her application to be appointed as personal representative of the estate.
