Inyo Superior Court Judge Dean Stout has issued a preliminary ruling that the Deep Springs College Trust can not be interpreted to admit female students to the long-time, all-male college.
The Deep Springs Trustees went to Inyo Court last year to ask that the Trust created by college founder L.L. Nunn be interpreted to admit women. The Trust says the college was established for “the education of promising young men.” The Trustees reasoned that since 1917, times have changed and women play a much more significant role in society. So, they argue, it’s time for women to be admitted to Deep Springs.
Two of the Trustees, represented by attorney Joe Liburt, disagree and went to court to oppose the majority of the Board. Liburt had said that it is a matter of trust law and what the trust says. Judge Stout has issued an order which says that the Deep Springs Trust “can not be construed as giving the Trustees discretion to admit female students.”
Judge Stout also ruled that the Deep Springs Corporation is bound by the trust, and he granted a preliminary injunction to stop admission of women for now. The majority of trustees had reasoned that the corporation essentially holds all the assets and operates the college aside from the trust. The Judge disagreed.
There is still an issue pending – whether or not the court will agree to modify the Trust to allow female students. A status conference and setting of further hearing on that matter is set for January 22nd in Inyo Court.
The Deep Springs Trustees had already opened the door to female applicants before this court decision. On the college website, a letter written by college President David Neidorf apologizes to female applicants for the inconvenience. The website says the college is “disappointed that we cannot move ahead with coeducation this year, but remain confident about the final outcome of the ongoing litigation.”
The website also says that once Judge Stout has issued his full ruling, the Trustees will “develop the next phase of its legal efforts.”
What I have always found troublesome about this story is that Deep Springs College uses federal land to run their cattle operation. Their whole gimmick is that they operate this exclusive liberal arts school on a working ranch. So yes, they are a private school and likely don’t except government… Read more »
Wish I could have gone to school at Deep Springs. This link is available at their web site. http://www.deepsprings.edu/news%20and%20events/coeducation. It has all the information and more,that anyone could possibly need with regards to this story Thanks to this story I have been able to learn some more about this amazing… Read more »
I was very pleased to see the ruling of the Court as set out in the article. Granted, this is a difficult area of the law to understand, but I think it is consistent with California trust law. Giving effect to the intent of LL Nunn as stated in the… Read more »
Interesting….what if it had said ‘young white men’…extrapolating Judge Stouts decision, it seems to indicate that it would be OK to exclude black men if the trust was written that way.
I’m no attorney, but somehow I don’t think that would fly. So why does it fly for women?
Benett: Why are you not again defending Hishonor’s decision, or pointing out to sierragrl why her opinion is ill-informed? And if the law is so clear on this issue, why did the lawsuit get filed in the first place? I guess you know trust law better than plaintiffs’ attorney. Thanks.
Wow, for thinking I should not comment here you sure are dragging me into this! I am not defending Judge Stout’s
decision. Just suggesting there are legal considerations.
BK
OK I’m wrong; I just look forward to the time when Benett scolds someone for making an unfounded criticism of DWP.
It might surprise you, Allen, that I would stand up for DWP if a criticism were clearly unfounded. It’s a hard slog, but work to
look for what is true is what we’ve got. BK
But a better speller than me; I forgot the r in journalist!
Right on, Benett.
Assumptions flow all over the place on blogs like this.
If not checked, this format will resemble Conservative Talk-Radio shows.
Only in Inyo. This just shows the judge belongs in that old … court house.
You might want to read up on trust law before making assumptions.
Benett Kessler
Benett: I have always admired you and your efforts in the Owens Valley. And admittedly this is your website. But I don’t think it is appropriate for you to chastise those who make comments. This should be an open forum for people to state their views without fear of being… Read more »
I respectfully disagree and will continue, from time to time, to comment. It’s easy to take shots at Judge Stout, but in covering the story I have found that trust law is pretty specific and something to be considered. Chastise is perhaps the wrong word to describe my response. Benett… Read more »
OK; but please direct me to another news-related website that sees fit to respond to and critique the opinion of its readers. I’ve not seen one. You’ve become one of the good ol boys, Benett. Thanks.
Allen, I am a mysterious woman, not to be defined.
BK
I believe Bennett has every right to comment here whether she owns this site or not. She is also a citizen in this country and has a right to voice her own opinion. I thank her for allow all to participate here right or wrong.
Allen-I appreciate your comments here, but I don’t mind hearing Benett’s opinions. I have to admit that after seeing Benett’s response that my comment was a little bit of a cheap shot at Judge Stout. But my main point was I don’t agree with the out come of this case… Read more »
So you think it’s o.k. to exclude girls ?
This is a legal question for the courts. There are private, all-female schools and all-male schools.
In this case, it’s a legal question – can someone change or re-interpret a trust after nearly 100 years?
It’s a very interesting question. BK
Good points Benett, I’ve been wrong before. They got themselves in a fine mess now.