A Merrimack County Supreme Court justice last week dismissed a class-action suit filed against the College's Board of Trustees by a small group of alumni, who promptly promised to contest the dismissal.
William Tell '56, along with six other alumni, filed the suit last winter on behalf of all of the College's alumni. The suit alleged that changes made to the Alumni Association's constitution were illegal and should be invalidated.
The changes in question dealt with the reappointment of members to the Board. The changes to the association's constitution gave the Board sole power to renominate Alumni Trustees.
In a 13-page decision, presiding Justice Kathleen McGuire wrote that she dismissed the suit because she felt the matter was something that would be better settled out of court.
"This is not a matter for judicial resolution but for resolution within the governing bodies of Dartmouth College and its related alumni organizations," she wrote.
She also found that Tell's contention that the changes were illegal did not have a legal basis.
The "petitioners do not support their conclusory allegations, even looking at the facts in the light most favorable to them, with sufficient facts," she said.
Tell and the six alumni said the changes were illegal because they were voted on at a poorly publicized meeting of only about 50 of the College's nearly 50,000 living alumni.
Wright Dannenbarger, the attorney representing Tell, said he will file "a motion for reconsideration on Monday and if that is not successful we will file an appeal with the New Hampshire Supreme Court."
College spokesman Roland Adams said he does not think Tell's group will be able to reverse the court's decision.
"The College cannot presume to make court decisions, but it's surprising that Mr. Tell is so anxious to go back to court when the court has stated that this is not a matter for judicial action," he said.
Dannenbarger said he thinks McGuire's decision did not take into account all the relevant information, but declined to say what exactly it was that McGuire overlooked because he has not yet filed the motion.
In a telephone interview, Tell said he is not happy with the court's decision.
"It is extraordinary for a court to dismiss a case before the evidence is heard when the facts are disputed," he said. "Clearly here the facts are disputed."
"I am frankly disappointed that they want to get off on a technicality, which is what this is," he said.
But Adams says the decision was not based on a technicality. He said the court's decision was a confirmation of the College's case.
"It is very heartening to have a court opinion that basically says" Tell and his associates are "knocking on the wrong door," Adams said.
The Alumni Association voted to change the Trustee appointment process in May 1990. Before the changes, when a Trustee's five-year term expired, any alumni could submit a petition with 250 alumni signatures nominating a Trustee. Then, a vote of the entire alumni body would be held.
The new rules eliminated the petition option for incumbent trustees. There are 16 positions on the Board of Trustees. There are seven "Alumni" Trustees chosen by the College's alumni, and seven "Charter" Trustees chosen by the Board itself. The College President and the Governor of New Hampshire hold ex-officio seats on the Board.
