Does The Council Of Boy Scouts Have Standing To Represent The Scouts In A Litigation Involving Sale Of Property Held In Trust For Their Benefit ?
In San Diego County Council, Boy Scouts of America v. City of Escondido, 14 Cal. App. 3d 189, 92 Cal.Rptr. 186 (Cal. Ct. App. 1971), the County Council of the Boy Scouts and several individual scouts brought suit to enjoin the city's proposed sale of a piece of property held in trust for the scouts' benefit.
The attorney general did not participate.
Using a multi-factor approach to determine whether the Council had standing to enforce the trust, the court emphasized the relationship between the plaintiffs and the charity, noting that "the administration of charitable trusts stands only to benefit if in addition to the Attorney General other suitable means of enforcement are available." Id. at 190.
The court stated that the Council of Boy Scouts was charged by its articles of incorporation and bylaws with protecting and representing its district and the scouts within, and the court stated that it could "think of no more responsive or responsible party to represent the boy scouts of the Palomar District in such litigation." Id. at 190.