November 12, 2003
Judge rules that Missouri Baptist Convention is not a
member of Missouri Baptist University
I am pleased to advise you that on Monday, November 10, 2003, Circuit Judge
Thomas J. Brown, orally ruled that the Missouri Baptist Convention is not a
member of Missouri Baptist University. The judge has directed counsel for
Missouri Baptist University to prepare an appropriate order for the court to
sign.
In Missouri, member(s) of non-profit corporations have certain rights
regarding the election of trustees (directors). By ruling that the Missouri
Baptist Convention is not a member of the University and does not have the
right to elect (appoint) trustees (directors), the Court undermines the
Missouri Baptist Convention’s position that the University exceeded its
corporate authority when it amended its articles to create a self-perpetuating
Board of Trustees.
The importance of the ruling by the court is that the
Plaintiffs have asserted throughout this litigation that the Missouri Baptist
Convention is a member of each of the five (5) agencies and, thus, has the
exclusive authority to elect (appoint) trustees (directors). As it relates to
the Missouri Baptist University, Judge Brown rejected the argument.
The
other four (4) agencies have in their motions to dismiss and/or for summary
judgment the same arguments that were successfully made by the Missouri
Baptist University. Those arguments will be made before the Court in Jan.
2004.
Windermere Baptist Conference Center
PO Box 458 | 205 Volunteer Drive | Roach, MO 65787
Phone: 573-346-5200 | Toll Free: 800-346-2215
Fax: 573-346-7612
