Louisiana Court to Hear Oral Arguments in Newcomb College Appeal

On March 4, 2010, Louisiana’s Fourth Circuit Court of Appeal will hear oral arguments in the ongoing suit against Tulane University that seeks to force the University to reopen Newcomb College. A press release posted on Newcomblives.com summarizes the status of the case and what is at stake:

The March 4 appeals court hearing before a three-judge panel is the next step in a lawsuit filed by a successor to the original benefactor of Newcomb College, Tulane University’s historic women’s coordinate college. The college was established through the generosity of Josephine Louise LeMonnier Newcomb, who donated the funds to establish and operate the college in perpetuity in memory of her daughter. The plaintiff, Mrs. Newcomb’s great great great niece, is challenging the Tulane Board’s 2005 decision to close Newcomb College and divert its funds to other purposes.

On August 28, 2009, in the most recent ruling in the case, the trial court denied the plaintiff’s motion for summary judgment, finding – erroneously, the plaintiff claims – that Mrs. Newcomb’s will did not contain an enforceable, conditional obligation on how to use the money she donated. . . . .

The plaintiff is asking the Court of Appeal to order the Tulane Board to reopen Newcomb College and operate it as Tulane’s separate coordinate college for women in the same manner, and with the same structure, programs and endowments, as it did in 2005.

Louisiana Court of Appeal to Hear Newcomb Case on Thursday

, March 1, 2010.  For more information, see my prior posts. 

Special thanks to Sue Bentch (Professor, retired, St. Mary’s University School of Law) for bringing this update to my attention.