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Dater v. Charles H. Dater Foundation12/30/2003
trust."
{ } While we agree that only the Ohio Attorney General and other narrowly defined groups have standing to bring an action to enforce or administer a charitable trust, Mrs. Dater's action did not purport to seek oversight over the Foundation's administration or to enforce the terms of a charitable trust. Rather, her action sought the return of certain assets from the Dater Foundation to the Dater Trust. Because Mrs. Dater's suit did not seek to enforce or administer a charitable trust, the Foundation's arguments and corresponding authorities are inapposite. We, therefore, conclude that the Foundation was not entitled to summary judgment on the ground that Mrs. Dater lacked standing.
{ } Because the Foundation has not demonstrated that it was entitled to summary judgment as a matter of law, and because a genuine issue of material fact exists as to the mental capacity of Mr. Dater at the time he made the transfers to the Foundation, we conclude that the trial court did not err in denying the Foundation's motion for summary judgment. Consequently, we overrule the Foundation's sole assignment of error.
IV. Conclusion
{ } Therefore, the judgment of the common pleas court dismissing Mrs. Dater's claims against the Foundation and issuing a protective order to the Foundations is reversed, and this cause is remanded for further proceedings in accordance with the law and this Opinion.
Judgment reversed and case remanded.
Hildebrandt and Painter, JJ., concur.
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