As administrator of the trust, MSAD 15 was given a green light for the sale in a recent court ruling that also affirmed the trust as owner of buildings and land formerly used as Gray's high school. Proceeds from any sale would be required to remain in the trust to be used for educational purposes. If the trust is no longer used for educational purposes, the properties or proceeds must be returned to the heirs under terms of the original will.

School Board Chair Dr. Alan Rich said the district cannot afford the upkeep for the buildings for another year with costs currently running over $10,000 annually. The district stopped using the buildings in 2003, although it has allowed the Gray Historical Society to occupy the second floor of the Pennell Institute building since then. The historical society must find new quarters by the end of June.

Dr. Rich made it clear the school district is giving the Town of Gray first chance to purchase buildings and land contained in the trust. The Pennell Institute sits on an acre of land, which is a sister to parcels of land that include what is called the Lab Building along with ballfields behind the Newbegin Gymnasium. The gym is owned by Gray, with a right of way to parking that surrounds the building. The school district also owns an adjacent ballfield that is not included in the trust and could be used or sold without any restrictions.

Since the sale of properties owned by the trust is governed by state law, the town would have to pay fair market value for any purchase. The recent court ruling clearly established that the trust could not simply return a building or land to the town for a token amount. Before filing a lawsuit to establish disputed ownership of the Pennell Building and land, the town and school district had considered the possibility of leasing the building to the town as a replacement for the town library at a cost of $1 for 99 years. Dr. Rich told Gray Town Council Chair Andrew Upham that the trust would look at options for the sale, including the possibility of allowing Gray to purchase just the Pennell building and land.

Representatives of the Maine community college system recently looked at the property. Due to limited parking spaces, anyone purchasing the buildings would most likely have to apply for a zoning variance in order to make full use of the buildings.