Discovery order granted against SIUC
February 15, 1996
By Signe K. Skinion
SIUC is being ordered by state court to release information to a local off-campus landlord as part of an on-going court case between SIUC and the landlord.
A discovery motion filed by S & M Enterprises, owner of Stevenson Arms, 600 W. Mill St., against SIUC to release the names and addresses of all student who have applied for campus dorm rooms next fall, was granted Tuesday by a circuit court.
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Thomas Peters, Stevenson Arms attorney, said the discovery motion was a part of a motion for contempt against the University. He said other aspects of the motion for contempt will be delayed while SIUC and S & M Enterprise attorneys attempt to reach a compromise on the court case.
There was a hearing on the discovery order Tuesday because SIUC attorneys felt the information we were seeking on University inquiries was not relevant and was the same information being sought by us in a Freedom of Information Act suit, Peters said. The judge said they had to release the information we requested on the inquiries.
Before the preliminary injunction was issued, S & M Enterprises filed a Freedom of Information Act request to receive the names of SIUC applicants. Stevenson Arms officials said they wanted this list so they could send information to these students about living in their off-campus dorm.
SIUC attorneys said they would not comment on the court findings while litigation is pending.
In December, the court issued a preliminary injunction against the University because of a freshman housing change for fall 1996 until it can determine if the housing change is legal.
The housing change would tell single freshman, under 21 and not living with their parents, that they can only live in University-owned housing next fall.
The preliminary injunction says the University has to continue allowing freshman the previous option of living in either University-owned housing or off-campus University-approved facilities, such as Stevenson Arms, until a legal decision over the change is reached.
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Stan Lieber, owner of Stevenson Arms and SIUC geography professor, said if SIUC complies with the recent court order and gives Peters the names and addresses of students applying to SIUC for next fall, there will be a questionnaire sent to those students to see if they were informed about the policy freeze.
Peters said he is working with SIUC attorneys to come to a compromise on the rest of the motion for contempt.
Hopefully by Friday we will reach a compromise on the meaning of the preliminary injunction, Peters said. If we can reach an agreement that both parties can live with, then the motion for contempt will most likely be dropped.
The preliminary injunction is still in effect, and no court date has been set to rule on the freshman housing policy.
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