A court date has yet to be set regarding the potential sale of art by the James Prendergast Library Association.

On Sept. 16, the James Prendergast Library Association filed a petition with 8th Judicial District Surrogate Court Judge Stephen Cass. Last month, R. Thomas Rankin, James Prendergast Library board president, said library officials filed the petition to obtain legal approval to sell art housed at the library. Rankin said selling the art is important for the viability of the library, adding that library officials sought the court’s decision to ensure that they can sell the oil paintings with the proceeds going toward an endowment fund.

In August, the library association board of trustees approved hiring Sotheby’s of New York City to manage the art auction. The oil paintings were purchased following the death of library founder Mary Prendergast in 1889. Prendergast left $25,000 to the executor of her will to purchase art for the library.

In September, a local group started a Facebook page entitled ”Save Local Art.” The Facebook group has expressed their desire to see the artwork remain in Jamestown, while urging the library board to consider other cost-saving measures. The Facebook group has launched an online petition at change.org, which is petitioning Sam Teresi, Jamestown mayor, and is hosted under the title ”Stop the James Prendergast library board from auctioning off precious art.” More than 400 people have signed the petition.

Last month during the library’s board of trustees meeting, several city residents attended the meeting speaking against and in favor of the art sale. During the meeting, Rankin gave a presentation detailing the library’s budget deficit and the need for proceeds from the sale for an endowment fund to assist in operating the facility.

In the petition, library officials are specifically asking the court to rule on article 18 of Prendergast’s will. They would like the court to define the quote from the will, ”Be forever kept, preserved, and properly and suitably displayed in the library building.” Library officials assert that read in its entirely, article 18 imposes no limitations upon the James Prendergast Library Association, but a limitation upon the executors of Prendergast’s estate. Also, that Prendergast’s executors purchased the paintings for the library as assurance for the future viability of the library.

The petition states 32 paintings were purchased by the executor of Prendergast’s will. Prior to 2010, for nearly 30 years, the aggregate fair market value of the paintings were reported for $403,750 on library financial statements. In 2010, library officials contacted Sotheby’s to update its existing insurance records. The auction firm appraised the 32 paints for insurance purposes at an aggregate value of $3,169,000. Sotheby’s officials projected the proceeds from an auction of the same paintings to be between $1,167,000 and $1,964,000.

Library officials haven’t determined how many or which pieces will be sold during the auction. They have said any artwork with a connection to the Prendergast family or a local tie, like prints from Roger Tory Peterson, would not be sold.

This isn’t the first time library officials have sold art from the collection. According to the petition, in 1986 the library’s trustees sold a painting for $90,000. According to the trustee minutes from 1986, the painting was done by Childe Hassam and titled ”Winter In Union Square.” The painting was sold to Hirschl & Adler Galleries.

Library officials will host a public informational meeting at the library, located at 509 Cherry St., at 6 p.m. Thursday. The meeting will be a chance for the public to propose solutions to library officials on how to preserve the artwork and the library.