Judge Files Judgment in Erskine College Case
By Don K. Clements
Friday, April 9, 2010 3:33 p.m.
A copy of the filing from Judge Griffith in the case of Taylor et al vs. ARP General Synod has been filed with the Abbeville County Clerk of Court, in favor of the Plaintiffs.
Following is an extract of the application of the injunction:
The Preliminary Injunction
For the foregoing reasons, it is appropriate to enter a preliminary injunction to maintain the status quo as it existed prior to the General Synod’s March 3, 2010 actions.
Accordingly, pursuant to SCRCP 65, the Court hereby orders that the General Synod and its officers, agents, servants, employees, and attorneys, as well as those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise are hereby enjoined from
(i) removing, or attempting or purporting to remove the Board of Trustees of Erskine as it existed prior to March 3, 2010 (the “Existing Board”) or any member thereof, with the result that the Existing Board (taking account of any change in its composition pursuant to Erskine’s Bylaws) will be recognized as the Board of Trustees of Erskine;
(ii) appointing any new Trustees of Erskine, except for annual appointment of five Trustees to fill expiring terms in accordance with Article II, Section 3 of Erskine’s Bylaws, and except for the filling of vacancies in accordance with Article II, Section 7;
(iii) convening or encouraging the convening of any group other than the Existing Board that claims to be the Board of Erskine;
(iv) declaring any group other than the Existing Board to be the Board of Erskine; and/or
(v) engaging in any transaction or activity in which the restrained party purports to control or act for or on behalf of Erskine, or purports to control or dispose of the property, funds, or other assets of Erskine other than pursuant to authorities or arrangements existing prior to March 3rd, 2010 and only to such extent the actions are undertaken in the restrained party’s capacity as an existing trustee of Erskine or employee of Erskine, and are normal for and appropriate to that capacity.
This injunction shall remain in effect until modified by the Court.
It may be worthwhile to emphasize briefly some things that this injunction does not do.
It does not “freeze” the composition of the Existing Board; those Trustee terms otherwise set to expire while this injunction is in effect will expire, and appointments of successor Trustees may be made in accordance with the Bylaws. The injunction does not prevent any individual enjoined person who may be a member of the Existing Board (including anyone newly appointed to fill an expired term) from engaging in all activities normal and appropriate for a Trustee. Nor does it preclude (or require) provision of financial support to Erskine by the General Synod, as has occurred in the past.
Editor’s Note: To read the entire Preliminary Injunction, go here:http://theaquilareport.com/index.php?option=com_content&view=article&id=1843:full-text-of-erskine-college-case-preliminary-injuction&catid=50:churches&Itemid=133