Legal Proceedings

by vixenSBC

legal-proceedings

On March 30, 2015, the Amherst County Attorney, Ellen Bowyer, filed a Complaint against Sweet Briar College on behalf of the Commonwealth of Virginia.

Read the Complaint.

Read the Supporting Documents to the Complaint.

On April 6, 2015, the College Responded to the Complaint, filing a Special Plea and Motion to Dismiss and Demurrer

Read the Defendant’s Special Plea and Motion to Dismiss for Lack of Standing and Demurrer

Read the Plantiffs Objection to Defendants Motion to Continue Hearing

On April 7, 2015, the Amherst County Attorney, Ellen Bowyer, filed a Motion for a Temporary Injunction that would

a) Prevent the college from using any funds solicited to operate the college to close it;

b) Prevent the college from taking any further steps to close the college and order it to continue to operate pending a final determination in the case;

c) Remove President Jones and the current SBC Board of Directors, with the court appointing a fiduciary to oversee the assets of the college as well as continue to operate of the college, including the appointment of a new President and Board of Directors

Read the Letter to the Amherst County Circuit Court regarding the Motion for Temporary Injunction.

Read the Motion for Temporary Injunction.

Read the Memorandum in Support of Amherst County Attorney’s Motion for Temporary Injunction.

Read the Exhibits to the Memorandum of Support of Amherst County Attorney’s Motion for Temporary Injunction.

On April 8, 2015, the Virginia Attorney General filed an Amicus Brief on behalf of the College arguing that theAmherst County Attorney lacked standing to bring a case on behalf of the Commonwealth under the Virginia Uniform Trust Code.

Read the Amicus Brief Filed by the Attorney General

On April 15, 2015, the parties were heard by Bedford County Circuit Court Judge Updike. At the hearing, Judge Updike issued a 60 day injunction preventing the college from using funds solicited to operate the college to close it. Judge Updike did not issue an injunction under the Uniform Trust Code.

Read the April 15 Hearing Transcript

On April 29, 2015, Amherst County Attorney, Ellen Bowyer, filed a Petition for Review at the Virginia Supreme Court arguing that an injunction under the Virginia Uniform Trust Code is warranted because “Sweet Briar Institute is both a charitable corporation and a trustee.” 

Read the Petition for Review to the Virginia Supreme Court 

Amici Curiae briefs were filed in support of Bowyer’s Petition for Review

Read the Amicus Brief filed by Virginia Professors of Law

Read the Amicus Brief filed by Fundraising Experts

Read the Amicus Brief filed by Virginia Legislators

Read the Amicus Brief filed by the Students, Parents, and Alumnae

On April 30, 2015, the Attorney General wrote a letter regarding communication between all parties involved in litigation. 

Read the Virginia Attorney General’s Letter Regarding Sweet Briar and Responses

On May 4, 2015, the College filed a Motion to Dismiss the County Attorney’s Appeal

Read the Motion to Dimiss

On May 5, 2015, the College filed a Brief opposing the Petition for Review (the Appeal)

Read the Brief in Opposition to Petition for Appeal

On May 8, 2015, the Amherst County Attorney filed a Response to the Motion to Dismiss

Read the Response to the Motion to Dismiss

On May 8, 2015, Amherst County Attorney filed a Reply Brief supporting the Petition for Review (Appeal)

Read the Reply Brief in Support of the Petition to Review

On May 8, 2015, the College filed a Response Opposing the Filing of the Amici Curiae Briefs filed by professionals in support of the Appeal

Read the Response in Opposition to the Filing of Amicus Briefs

On May 8, 2015, the Virginia Supreme Court issued an order on all the preliminary motions, rejecting the College’s Motion to Dismiss and ruling that the Amherst County Attorney’s appeal CAN proceed and that the amici curiae briefs in support of the appeal ARE ADMITTED into the record for consideration. The Court also accepted the Amherst County Attorney’s reply brief for the record. The Court allowed the College to file a 10-page brief in response to the briefs of the Amici Curiae.

Read the Virginia Supreme Court Response to Motion to Dismiss and Motion to File Amici Curiae

On May 14, 2015, the College filed a Response in Opposition to the Amici Curiae filed by professionals in support of the Appeal

Read the Omnibus Response in Opposition to the Amici Curiae

On May 15, 2015, the Virginia Supreme Court scheduled oral argument before the entire court on June 4, 2015, at 9:00 a.m.

Read the Virginia Supreme Court’s Order Scheduling Oral Argument

On June 9, 2015, the Virginia Supreme Court ruled on the issues presented to it in the June 4, 2015, hearing.

Read the Ruling.

On June 20, 2015, all parties reached a Settlement in the case to KEEP SWEET BRIAR OPEN.

Read the Memorandum of Understanding.