The judge issued a second temporary restraining order pending a hearing at 11 a.m., March 25 at Newberry Courthouse, S.C. The judge gave the ARP the option of proceeding with the hearing date of March 19 set after the filing of the original action.
The lawsuit was filed in the names of two Erskine trustees, Richard Taylor and Parker Young, who were among 14 trustees “dismissed” by the General Synod of the ARP at a special meeting March 3. Joining Taylor and Young in the new lawsuit is the executive committee of the Erskine Alumni Association, chaired by David Chestnut of Georgia.
“It’s not a suit about church doctrine, but corporate governance,” the plaintiff’s attorney, J. Theodore Gentry of Greenville, S.C., told the Greenville Index-Journal newspaper.
The lawsuit alleges that the General Synod of the ARP violated state law, and the Erskine charter and bylaws when it voted on March 3 to dismiss 14 of the school’s trustees, and appoint 14 other trustees to join the 16 members of the board remaining to form an interim trustees board.
It asks the court to declare judgment that the original Board of Trustees is the “rightful” board; that the ARP General Synod has no ownership of Erskine’s property and assets; that an injunction be issued against the General Synod acting on behalf of Erskine; and that the dismissal of trustees was a “wrongful termination.”
While the two lawsuits have similarities on some major points, there is one major difference. The original lawsuit asked for damages to be determined by a jury. The second lawsuit does not mention damages.
Their suit followed the Friday voluntary withdrawal of a similar lawsuit filed last week against the ARP. It was filed in the name of Erskine College after a vote of the trustee executive and signed by Scott Mitchell, chairman of the Erskine Board of Trustees before the March 3 action by the General Synod. On March 11, the trustees executive voted not to proceed with the lawsuit. Members issues a statement that they “believe the actions of Erskine College … were unjustified and violated the applicable laws of the State of South Carolina, the Erskine College Bylaws and the governing documents of the ARP Synod.”
Erskine College and Seminary continue with their regular activities. Rick Hendricks, Erskine communications spokesman, said in a statement, “The administration does not know what the outcome of this action will be, but will continue to oversee the day-to-day operations of Erskine and will work diligently to ensure students receive the quality educational experience for which Erskine is known.”
