Montgomery County Circuit Judge James Anderson said the law gave State Treasurer Young Boozer the discretion over whether to award the loan.
Updated: Oct. 25, 2023, 3:14 p.m.Montgomery County Circuit Judge James Anderson on Wednesday said he would dismiss Birmingham-Southern College’s lawsuit against State Treasure Young Boozer over Boozer’s denial of a $30 million loan request.Anderson told lawyers and others in the courtroom that he sympathized with Birmingham-Southern’s position but said the law gave Boozer the authority to deny the loan.
The Legislature created the Alabama Distressed Institutions of Higher Education Revolving Loan Fund this year in response to Birmingham-Southern’s requests. Robert Battle, an attorney representing Birmingham-Southern, said the college would have a statement in response to the decision later on Wednesday.
Anderson took note of the wording of the bill lawmakers passed to create the loan fund. The bill put the state treasurer in charge of the fund and said the treasurer “may” award loans from the fund to colleges that meet the eligibility criteria.
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