In the Complaint filed by current Erskine College officials, the claim is made that the school itself owns, maintains, and operates the college. Further the complaint is marked “Jury Trial Demanded”

Following is an extract from the Court Order:

Plaintiff Erskine College filed a motion for temporary restraining order pursuant to Rule 65(b) of the South Carolina Rules of Civil Procedure to restrain the Defendant General Synod of the Associate Reformed Presbyterian Church, Inc., from assuming and exercising unauthorized authority, from assembling the Board of Trustees or the “Interim Board,” and from attempting to remove from power the existing Board of Trustees of Erskine College.

Plaintiff (Erskine College) alleges in its Verified Complaint that Defendant (ARP Synod) has acted in contravention of authority granted by the Charter and Bylaws of Erskine College, as well as the authority granted by the Charter and Bylaws of Erskine College, as well as the authority prescribed in the Defendant’s own Form of Government provisions. Plaintiff further alleges that Defendant has planned a trustee’s meeting for March 17, 2010, to elect new officers and make substantial changes to Plaintiff’s existing Bylaws, particularly as related to the composition of the Board of Trustees. In addition, Plaintiff alleges the Defendant’s disruption in governance will interfere with and create unnecessary obstacles to its ongoing presidential search. A meeting of the presidential search committee is planed for his Friday, March 12, 2010. Moreover, Plaintiff alleges its accreditation is under review because of the Defendant’s actions. Finally, Plaintiff argues the current members of the Board are facing substantial harm because their right to due process has been violated by the Defendant’s attempt to summarily dismiss them, without notice and without a hearing.

(Legal precedence was referenced at this point)

For these reasons, this Court hereby ORDERS the Defendant to cease and desist from conducting any business or engaging in any transactions related to Plaintiff Erskine College for ten (10) days or until a hearing can be conducted on the merits of Plaintiff’s Motion for Temporary Injunction. The Court further orders that for ten (10) days from the date of this order (March 10th), the Defendant is prohibited from assembling the Board of Trustees or its “Interim Board”, and the Defendant is also enjoined from taking any action or exercising any authority or control, whether lawful or unlawful, which affects Erskine and its existing Board of Trustees.

This Order is granted without notice to Defendant because the allegations of the Verified Complaint show Defendant plans immediately action and there is a possibility of irreparable harm to Plaintiff in the period before a motion for temporary injunction can be heard.

The Court Order was hand delivered to Members of the ARP Synod on Wednesday.

A summons was then issued to the General Synod offices and was hand delivered on Wednesday, March 10th requiring them to answer the Complaint.

As things stand now, the actual hearing on the Plaintiff’s Motion for Temporary Injunction is scheduled for March 19, 2010, at 11:00AM in the Newberry County Courthouse.

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