Ga. Supreme Court to hear case pitting Georgia Baptist Convention v. Shorter College

(BP) The Georgia Supreme Court is the next stop in the legal battle between the Georgia Baptist Convention and Shorter College over the college's intent to separate itself from the convention.

In March, the college lost in the Georgia Court of Appeals, which ruled in favor of the Georgia convention's position that Shorter had acted illegally in April 2003 in dissolving itself and transferring all its assets to a new corporation with a self-perpetuating board of trustees.

The day after the Georgia Supreme Court's Sept. 14 announcement, the convention's attorney, Walter Bush, said in a statement, "It is not uncommon for the Georgia Supreme Court to grant certiorari [a hearing] in a case involving significant legal issues."

Bush noted: "... we do not believe that the Court will condone the actions of Shorter's board [of trustees]."

The focus of the Georgia Supreme Court, he said, will be "issues dealing with nonprofit corporate law and the fiduciary duties of nonprofit directors. This case will allow the Court to address concerns relating to fiduciary duties of nonprofit directors...."

As stated by the Georgia Supreme Court, the hearing will involve the question: "Did the Court of Appeals improperly apply for-profit corporation law to Shorter College, which is a nonprofit corporation, and does nonprofit law dictate a different outcome?"

The case is assigned for oral arguments in January.

J. Robert White, executive director of the Georgia Baptist Convention, said, "This is not a decision in the case, but simply means that the Court will now consider specific legal issues involved. We understand the need for the Supreme Court to be heard on issues of importance in our state, and remain confident that it will affirm the decision of the Court of Appeals."

A news release by Shorter College, meanwhile, quoted the Rome institution's president, Ed Schrader as saying, "We are gratified that the court has seen merit in our appeal and agreed to hear our case."