Samford University seizure of fraternity house challenged in court

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Samford University seizure of fraternity house challenged in court
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Samford University shut down the Theta Alpha Zeta House/Lambda Chi Alpha fraternity chapter and took over the house without paying the nonprofit corporation run by alumni that owned it, according to a lawsuit.

Samford University in 2012 seized the Theta Alpha Zeta House/Lambda Chi Alpha fraternity chapter after a hazing incident, shut it down and took over the building without paying the non-profit corporation run by alumni that owned it, according to a lawsuit filed in Jefferson County Circuit Court.Samford University in 2012 seized the Theta Alpha Zeta House/Lambda Chi Alpha fraternity chapter after a hazing incident.

Jefferson County Circuit Judge Jim Hughey III dismissed the lawsuit on Aug. 4, and a hearing on a motion to reconsider was held Thursday afternoon, Sept. 15. The judge had not entered an order on the motion the reconsider as of late Friday afternoon. Fraternity members who lived at the house in 2011 were found guilty of hazing for an incident which left a student with two stitches, but able to attend class the next day, according to Hart.

Judge Hughey questioned if too much time had passed to determine whether Hart had rightful claim to represent the Theta Alpha Zeta House Corp. James L. Hart, former chairman of the Alabama Securities Commission from 2010-19, sued his alma mater, saying they seized a house they did not own and never paid for it. He's shown here after a hearing in a Jefferson County court room on Sept. 15, 2022.

“Plaintiff Hart does not – and cannot - contest that Alabama law requires a corporation to have legal counsel to appear in court and that Alabama courts have summarily dismissed derivate claims brought byThey also argued that the statute of limitations had expired on his claims. “Plaintiff’s arguments in prior briefing make clear that his claims of conspiracy are time-barred as to Lambda Chi,” they wrote in their objection to reversing the dismissal.

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