Unrelated Third Party Unable to Revive Lapsed Corporation
Court voids revival by person with no prior connection who wanted to control real estate through merger
When William N. Ford, Sr., the president of the Sterling Foundation, sought to purchase real estate in New Mexico on which to run an addiction and treatment center, he was rebuffed by Susan Lynn Lavendar Baran, the president of the Ann Wigmore Foundation that owned the land. As an alternative after several further attempts to buy the property failed, on November 12, 2018, Ford suggested that the two nonprofits merge. Lavandar (as she was called throughout the ultimate Court opinion) declined that offer as well. Undeterred by the rebuffs, Ford had learned that the corporate status of the AWF Foundation had lapsed for failure to file its annual report in Massachusetts. Unbeknownst to Lavandar...
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