Sioux Falls wants court's help figuring out Delbridge Museum animal collection options

City Hall bringing in trust experts to navigate decades-old gifting agreement that led to Delbridge Museum, which abruptly closed in August.

As a workgroup convened by Mayor Paul TenHaken continues to vet potential futures for a collection of mounted exotic animals that had been on display in Sioux Falls for decades, City Hall also wants a judge’s opinion on what options might be available.

The Sioux Falls City Council Tuesday authorized the City Attorney’s Office to retain private legal counsel with expertise in trust law, a move City Attorney David Pfeifle says is necessary before asking a court to provide some guidance on whether the collection of over 170 specimens can be relocated, transferred, or disposed of.

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In the gifting agreement between the Delbridge Museum’s namesake — C.J. Delbridge — and the city that took place in the early 1980s, it states that the collection “shall be displayed permanently” by the city. However, there’s some question whether that constitutes a trust, which typically is a fiduciary relationship in which a trustee is granted the right to hold title to property or assets.

“Based on the gifting documents from the Delbridge family, we want a court to make a declaration of whether or not there was an implied charitable trust,” Pfeifle said. “If there is such an implied trust, are there restrictions on what the Council’s options would be on handling the collection going forward.”