ROME, Ga. (ABP) — Shorter College's dissolution and reorganization that created a self-perpetuating board of trustees last year “cannot stand” without the Georgia Baptist Convention's approval, a state appeals court ruled March 17.
The ongoing legal battle between the GBC and the liberal arts college in northwest Georgia appears headed for the Georgia Supreme Court.
The college has claimed in recent years that the convention has put the college's accreditation at risk by unduly influencing trustees. Convention leaders charge Shorter President Ed Schrader and trustees with trying to remove the Georgia Baptist Convention as the rightful owner of the college.
The college transferred its assets to a new foundation following an April 2003 ruling by a Dekalb County Superior Court judge. The new entity was then named as Shorter College Inc.
The appeals court has ruled that “the trial court erred in failing to consider the GBC's contention that the dissolution was a sham.”
In a prepared statement, GBC Executive Director Robert White said convention leaders are grateful for the ruling. “The thought of losing Shorter College was like losing a member of our convention family,” said White. “We are extremely thankful that this court decision confirms the convention's position.”
Schrader was traveling out of the country and unavailable for comment according to his office. However, Shorter trustee chair Gary Eubanks, an attorney from Marietta, Ga., said college leaders are “disappointed” with the appeals court decision but plan to appeal the case to the Georgia Supreme Court.
“We'll know pretty soon whether they'll take the appeal,” said Eubanks.
Management of the college will not change until the legal battle has run its course, Eubanks added. “As long as the appeals continue, Shorter College will march ahead.”
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