The Catholic University of America won’t surrender Dorothy’s dress — without a court fight.

The university insisted in a new statement to CNBC that it — and not the estate of a late priest and drama professor — is the “rightful owner” of a once long-lost dress worn by Judy Garland in the classic film “The Wizard of Oz.”

Washington, D.C. University also stated that they were a new lawsuit filed by the niece of the Rev. Gilbert HartkeThe retaliatory attempt to stop an auction of the blue and white gingham gown is called “no basis in law nor fact.”

The dress was given to Gilbert Hartke in 1973.

This statement was made by the school just days after Hartke’s lawyer, an 81-year old niece, asked for a temporary injunction to delay or postpone May 24th’s auction. Bonham’s Los Angeles auction is likely to bring the dress up to $1 million.

Hartke was a Roman Catholic priest who is a member of Dominican Order. The school stated in the statement that Hartke had taken a vow to poverty.

Catholic University stated that he vowed to not accept or receive gifts for his personal property and did not possess any tangible objects at his end.

An inventory of Fr. Hartke’s 1987 estate inventory did not include any personal property or tangible assets. However, other gifts were documented to Fr. Hartke was donated to Catholic University for its benefit over the years. 

The dress is owned by the Catholic University, Fr. Hartke’s estate doesn’t have any property rights in the dress,” said the school.

Barbara Ann Hartke (the lawyer representing Hartke) filed Friday a court motion seeking to temporarily halt the auction. She claimed that Hartke’s niece would suffer an “irreparable loss” if Bonham’s sale proceeds without the resolution of her case claiming the dress as her uncle’s.

“Because Plaintiff’s Asset is in Defendant”s Possession and will Be Sold to the Highest Bidding Party, plaintiff will lose the right to reclaim ownership of hers, or that estate’s property, once the auction takes places,” Barbara Hartke’s attorney, Anthony Scordo, also argued during his U.S. District Court case in Manhattan.

Scordo added, “There’s a strong public need for the court enter an injunction there.”

The Verified Complaint explains that this property “is… significant to the American people for the reasons stated in it.” Scordo stated that the fact that an essential part of Americana is not in public domain will be preserved and never be forgotten.

The gown is among two that are still available from the collection of dresses Garland wore in “The Wizard of Oz”, 1939. Other dress auctioned in 2015 by Bonham’s for more than $1.5 million.

Paul Gardephe, Judge, has yet to rule on the motion for a temporary injunction. Scordo, Bonham’s and Scordo have yet to respond to inquiries for comment.

CNBC announced earlier this week that Barbara Hartke was suing Bonham’s and the University. Hartke claimed she found out from news reports that her uncle gave the gown to her, but it would soon be up for sale. It had been lost for over a decade.

Last July, the dress was discovered by the University’s Drama Department in a bag.

Catholic University is looking to make a profit on the dress in order to fund its drama school which Gilbert Hartke started.

Mercedes McCambridge was his friend and gave the gown to the priest in 1973. She credited him for helping her overcome alcoholism.

McCambridge had given her the dress when she saw that Pazuzu was on the screen in Washington as Pazuzu the Demon.

Her performance in “All the King’s Men” in 1949 won her an Academy Award as Best Supporting Actress. In the same category, “Giant,” which starred Elizabeth Taylor (James Dean) and Rock Hudson was nominated.

Gilbert Hartke himself was a prominent figure in Washington theater“Who was very much the man around town,” he felt at home in D.C.’s elite restaurants, the White House, and with Washington’s political and social elite. The Washington PostHe was 79 years old when his 1986 obituary mentions.

Hartke was also one of the two Catholic priests requested by President John Kennedy’s widow to remain at the White House with him before his funeral in 1963.

Hartke was a prominent priest who was still bound by his vow to poverty. Catholic University, however, stated Friday in a statement that Hartke’s dress is legal property of the school.

McCambridge, Fr. and Catholic University both understand the importance of these vows. Hartke was present at Catholic University when the gift was made,” said the statement. According to these vows the gift of the dress was made in honor of Fr. Hartke left a significant legacy by building the School of Drama at Catholic University. 

McCambridge’s intention to donate the dress in support of Catholic University drama students was clearly demonstrated by the University’s contemporaneous source research. “The complaint does not provide any evidence that the contrary is true.”

The university stated that the dress wasn’t found by Catholic University until last summer. Hartke was informed that Hartke received the dress from Catholic University to benefit students of the Rome School.

Barbara Hartke’s attorney, Scordo, claimed that delaying sale until Hartke’s lawsuit is settled will not cause any financial harm to Catholic University and Bonham.

Scordo stated that an injunction is appropriate and would not place undue pressure on defendants.

“Defendants are not allowed to argue that delaying the auction of the property caused the damage they claim.
There is no harm to be done if the decedent has died within the specified time. No
There is no indication that the fair value of the property will change if the auction takes place
Postponed while the litigation is resolved

Scordo stated that Barbara Hartke would be “the party hurt here if this auction is not enjoined.”