IU Foundation files lawsuit for Hilltop grant

When local gardener George E. Archer left his entire estate to the Hilltop Garden and Nature Center, he said his gift would “help boys and girls,” according to a press release written after his death.

Archer had lived alone for much of his life and made a living by landscaping and gardening for others.

In his will, Archer stipulated that the money be given to IU and used to support the
Hilltop center.

But a recent name change and revised mission statement have put the distributors of Archer’s gift in hot water.

The IU Foundation is suing the George E. Archer Foundation, previously known as the Hilltop Educational Foundation, for $600,000 in grant money.

Distributed through the IU Foundation in 2008, the money Archer left behind was originally given to the Hilltop Educational Foundation.

It was the Hilltop center’s largest gift to date, IU Foundation spokesperson Barbara
Coffman said.

Two years ago, the Hilltop Educational Foundation served as “an advisory, advocacy and fundraising organization for Hilltop,” according to a press release
from 2008.  

It established the George E. Archer Fund to help finance youth gardening programs at the Hilltop center.

Now, the George E. Archer Foundation has created a new set of goals. According to their website, “the George E. Archer Foundation is expanding its mission — to help boys and girls learn about gardening — at an exciting and
promising moment.”

Archer’s will stipulated that his gift be used only at the Hilltop center, said Philippa Guthrie, IU Foundation vice president and general counsel.

The Archer Foundation expansion includes providing grants to projects outside
of Bloomington.

“Obviously that doesn’t seem consistent with his will as we read it,” Guthrie said.
Guthrie said the decision to pursue a lawsuit came after attempts to contact the Archer foundation through letters and meetings.

Protecting donor intent is the IU Foundation’s main purpose, especially when the donor has passed away, he said.

“We certainly don’t like filing legal action, but the donor is not here anymore, and it was entrusted to us,” Guthrie said.

Joe O’Connor, outside council for the IU Foundation, said the IU Foundation has also filed a request for an injunction to stop the Archer Foundation from using the funds until the case is decided.

The court has not yet responded to this request, O’Connor said.

“We’re just wanting to see that the integrity of Mr. Archer’s fund is preserved,”
O’Connor said.

The George E. Archer Foundation refused to comment.