Housing owner’s appeal denied

By Gus Bode

A string of legal suits involving the University that began four years ago has ended with the Illinois Supreme Court’s refusal to hear an appeal made by the owner of Stevenson Arms, a freshmen-approved housing complex.

I can say that we are disappointed that the Illinois Supreme Court refused to hear the appeal, said Stan Lieber, who also is an SIUC professor of geography. However, at this point it didn’t matter because the injunction was for last year, and the University and I have put it all behind us.

On Oct. 1, the Illinois Supreme Court refused to hear the case. Lieber filed the suit against SIUC in November 1995 alleging that the University violated due process of law by changing the freshmen housing policy. The new policy would have prevented freshmen under 21 from living off-campus unless they live with their families.

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The old policy, which still is in effect, states that freshmen can live on campus or off campus in approved housing until they turn 21.

On Dec. 14, 1995, the court ordered a preliminary injunction against SIUC and ordered the University not to change the housing policy until the lawsuit was dismissed or until the judge changed the order.

The University delayed the implementation of the (new) policy until the outcome of the case, Shari Rhode, chief legal counsel for the University, said. It is up to the Board of Trustees as to whether or not the policy is reinstated. We feel that the right decision has been made.

The SIU Board of Trustees has yet to reinstate the new policy. Peter Ruger, the legal counsel for the Board of Trustees, could not be reached for comment.

The University originally instated the policy in 1995 after a determination that the new policy would better meet the needs of the students, Rhode said. The University had to meet state bond criteria, which requires the University to house a specified amount of students in on-campus housing.

The reason which the University gave for implementing the freshman housing policy are still not perfectly clear, but I don’t believe that they are going to reinstate it, Lieber said. I don’t think that it is an issue at this point.

In 1992, SIUC officials notified Lieber that the University would stop mailing brochures of Stevenson Arms with University brochures to potential students.

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Lieber then filed a Freedom of Information Act request, wanting to obtain a listing of potential students and mail the brochures himself. The University refused his request to release the list, and Lieber filed a separate lawsuit in May 1993.

In 1995, The Jackson County Circuit Court sided with the University in the 1993 Freedom of Information Act case. Lieber appealed this decision to the 5th District Appellate Court in Mt. Vernon, which reversed the judgment and sent the case back for a new trial. SIUC officials appealed this decision to the Illinois Supreme Court, which sided with Lieber in January.

The court ruled the University had to release the names and addresses of potential students because the University made the list available to local media and campus ministries. In its decision, the court stated it felt the University treated Lieber differently because Stevenson Arms was direct competition to University Housing.

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