The foundation argued that it needed to expand the board of trustees from five (four of which were held by persons appointed by Lincoln University) to 15 to increase fundraising. For the same reason, it needed to move the gallery from Merion to a site in Center City, Philadelphia, which would provide greater public access. In its brief to the court, the foundation said that donors were reluctant to commit continuing financial resources to the Barnes unless the gallery were to become more accessible to the public.