PEC Update, February 24, 2007

This is a very short update on the current status of the two lawsuits. New documents pertaining to the lawsuits have been posted in the Legal Pleadings section of the PEC website.

After sorting through the inevitable paperwork surrounding appeals, the student plaintiffs have filed their Notice of Appeal with respect to the Student Contract lawsuit. The Notice of Appeal is a brief, procedural step to let the Court know that a plaintiff intends to appeal the Court's decision. The next step is to petition the Supreme Court of Virginia to hear the appeal. Appeal to the Supreme Court of Virginia is a discretionary appeal. The petition is heard before a panel of three Supreme Court Justices. To proceed to appeal, only one of the three justices has to decide that the case has merit. If the case is accepted by the Supreme Court, then the parties proceed to the substance of the appeal. Unlike the trial court, the Plaintiff will have the first and last word before the Supreme Court. We will keep you posted on the progress of this appeal.

The Charitable Trust lawsuit has not yet been appealed. Following the oral arguments on January 23, a Motion for Leave to Amend the Trust Complaint to clarify Count II of the Complaint was filed by the attorneys for the plaintiffs. Judge Mosby granted the Motion. The trust plaintiffs were given until February 21 to file additional support for their argument (see the Legal Pleadings section of our website for this document), and the College was granted until February 28 to reply. The Amendment was in the nature of a conforming amendment to ensure that the written pleadings clearly stated the argument as it was presented at oral argument on January 23. Once Judge Mosby has ruled on the amended pleadings (expected within the next couple of weeks) we will update you on the status of the Charitable Trust lawsuit. Appeal cannot be noticed until a final order is entered in the trial court.

Thank you again for all of your support for the legal opposition to the strategic plan. If you haven't already, please do consider giving to the cause. Maintaining opposition in the courtroom is an expensive proposition and we can only do it with your help. Together we can give Randolph-Macon Woman's College a chance to live again.

Vita abundantior,

PEC Board

Gail Ballou (R-MWC '64)
Carol Curcio Lang (R-MWC '68)
Diane U. Montgomery (R-MWC '85)
Anne Yastremski (R-MWC '05)
Martha McClerkin Durnett (R-MWC '85)

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