US judge halts auction of Wizard Of Oz dress amid ownership battle

NEW YORK (NYTIMES) - A federal judge on Monday (May 23) blocked the Catholic University of America from auctioning off a memorable white-and-blue dress worn by late actress Judy Garland in The Wizard Of Oz (1939), after a woman filed a lawsuit claiming she was the rightful owner of the gingham pinafore garment donned by the character Dorothy.

Judge Paul Gardephe of United States District Court in Manhattan granted a preliminary injunction a day before the dress was scheduled to be auctioned in Los Angeles, where it had been expected to sell for more than US$1 million (S$1.38 million).

Catholic University had planned to use that money to endow a new faculty position in the Rome School of Music, Drama and Art.

Judge Gardephe ruled that the dress could not be sold by Catholic University until the lawsuit was resolved. Both sides are set to meet in court on June 9.

In her lawsuit, filed this month, Ms Barbara Ann Hartke claims the dress belonged to the estate of her uncle, Reverend Gilbert Hartke, who was once chairman of the university's drama department and received the dress as a gift in 1973 from Academy Award-winning actress Mercedes McCambridge, who was also an artiste in residency at the university.

McCambridge, who died at age 87 in 2004, had "specifically and publicly" given the dress to Rev Hartke as a demonstration of gratitude for "helping her battle alcohol substance abuse", the lawsuit states.

Rev Hartke died at age 79 in 1986, and Ms Hartke says she is his closest living heir.

The lawsuit states that McCambridge was a "close confidant" of Garland, but it is unclear exactly how she obtained the dress.

The university has contended that the dress was a gift from Rev Hartke, and that it was his wish for it to be kept within the institution.

Mr Shawn Brenhouse, a lawyer for Catholic University, said in a statement on Monday night that the judge's decision "was preliminary and did not get to the merits of Barbara Hartke's claim to the dress".

"We look forward to presenting our position, and the overwhelming evidence contradicting Ms Hartke's claim, to the court in the course of this litigation," he said.

Mr Anthony Scordo III, a lawyer for Ms Hartke, did not immediately respond to an email seeking comment on Monday night.

The fragile dress has become legend ever since Garland wore it in the Technicolor classic in 1939, complementing the plaid look with ruby-red slippers sought by the Wicked Witch.

Garland, who died at age 47 in 1969, wore several versions of the dress, but only one other is known to still exist.

It was sold in 2012 by Julien's Auctions for US$480,000. In 2015, it sold again for nearly US$1.6 million.

The location of the second dress had been a mystery until it was found by chance last year in a shoe box, inside a bag, sitting on top of faculty mailboxes.

Mr Matt Ripa, a lecturer and operations manager at the drama school, found the bag when he was cleaning up the area in preparation for renovations of the Hartke Theatre.

The Smithsonian's National Museum of American History helped authenticate the dress, which includes a fitted bodice, a high-necked blouse and a full skirt, with a fabric label inside inscribed "Judy Garland 4223".

Ms Hartke claims in her lawsuit that her family was never made aware of the discovery by the university.

They had known a dress existed, and were surprised to read headlines about preparations to auction it off "without any compensation to its rightful owners", the lawsuit states.

"There is no documentation demonstrating that" Rev Hartke ever donated the dress to Catholic University, according to the lawsuit.