The gamecock. (Columbia, S.C.) 1908-2006, October 08, 1980, Image 1
The South Carolina Library
Campus
Monday
Volume LXX No. |0 University of South Carolina, Columbia, S.C. Oct. B, 198Q
Lcl\A
ove
By Susan Hand
8taff Writer
Lawyers representing the
owners of "the Pit" parking
lot have served a petition on
ITCP Timnttin A.linn
uovaiiuiuu^ iixiiuiuj v^uiiiii
and the university
requesting documents
pertinent to the case, but
they said the university
refuses to produce the
documents unless the
lawyers get a court order.
William Quirk and William
Pope, attorneys for the
Rembert family, the lot's
owners, served Quinn with a
netition Sent 30 reouestinc
I x a o
I Br .7
H'.nJf-Tt1: !:.*\-j.-"'- x^jy^,
YU^ D /
i ricr mtjifiuot i lauiiiy an
for several years. (JSC
(Photo by Marc Coreyj
In battle for St
NAACl
By Leroy Willh
Staff Writar
USC's NAACP chapter, de
student senate Oct. 1, has
regional office to help in its aj
decision.
The senate rejected the cha
request on the grounds that t
to a noliticallv active m
NAACP. The senate is nc
political organizations.
Chapter President Kenn
discussed the funding d<
Johnson, the NAACP's regioi
Atlanta. He said Johnson p
organization's national officc
ALLEN SAID Johnson wi
statement from the New Yo
that the USC chapter is p?
youth d i vision, which is not p
ml _ i!. I iL,
me senate quesuuneu iu?
ties because the NAACP
chapters to send 55 percent <
dues to the national offi
suggested that the money
political lobbying.
"They have a valid point,"
money we would have i
WW 4H* <
that he produce the papers.
Quirk said the university
should have complied with
the petition and turned over
the documents by Oct. 6.
"They served us with a
petition that set up a hearing
for Oct. 7 to decide on the
taking of the land," Quirk
said. "After they filed thai
petition, we filed againsl
them to produce the
documents pertinent to the
case.
"We wanted to review the
documents before the
hearing they had schedulec
for Oct. 7," he said. "That's
- '-V
id USC have been battling
* is trying to condemn the
I
?
udent oovernr
^chapte
univers
ims
purpos
John
nied funding by the week i
asked the NAACP the ser
ppeal of the senate's said,h
tpter's $1,900 budget ANO
he chapter is linked was th
itional group, the duplic>t
allowed to fund of Afr<
studen
.4L A 11 : J U wv
em /Mien saiu nc Me
enial with Janice benefi
rial youth director in only tc
lans to contact the the
in New York. gradui
Stud
11 request a written said tl
rk office explaining impor
irt of the NAACP's
>olitically active. ,4TH
3 chapter's political anothi
rfxinires its vouth SO!.r
their membership mitte<
ce. Some senators ween
might be used for enou#
Allen said. "But the Alle
received from the authoi
s b<
le v
why we made it returnab
by Oct. 6."
i
QUIRK SAID Quinn tc
him Tuesday that tl
i university would not tu
; over the documents un
; Quirk obtained a court <
; der. Quinn wasn't availat
t for comment.
t
; "We will go to court
! Wednesday or Thursday
get a court order," Qui
? said. "We just want
; discuss getting the pertim
i papers at that hearing,"
> said. "They want to disci
; , s st' iajjM , _> v
mS^S^^y
,CriSv'4'-:'V . : >'\ .
over "the Pit"parking lot
land to regain ownership.
nent money
*?
ir calls i
sity would not have been used
es."
son may come to USC wit!
ind present the NAACP's ex
late, Allen said. If she cannot
e will state the chapter's case.
>THER REASON for the sena
at some senators said the NAi
ates services provided by the
)-American Students. But Allc
ts want the organization to op<
* -1 11 XT A A /irk _ L. A
said me iN/\/v^r cnapicr
ts AFRO lacks. AFRO, he s
college students, but a studer
JAACP retains his memb<
ation.
lent Government Vice Preside
le group's possible political ti
tant as its duplication of AFR(
IE QUESTION here is do we
sr such organization," Floy(
(Student Organization Lie*
;) said there was enough di
the two (groups) to license,
h difference to fund them (the
n said the senate does n<
rity to determine whether or i
it'
ile both the papers and the
taking of the land at the
hearing.
Id "I think the judge will see
he it our way and will force
rn them to give us the
til documents before we have a
>r- hearing on the taking of the
>le land," he said.
Quirk said he has served
Ho nniuorcifv u/ith n rvftitinri
l"v- ...v.. ?
on for a summary judgment in
to favor of the family, but he
rk said no action had been
to taken on it.
;nt He also said the university
he has not received approval
iss from the board of trustees to
begin condemnation
proceedings. He said the
board's approval was
required for such action.
The board plans to meet
Saturday.
Quirk said the property is
worth $600,000. USC offered
the family $85,000 ? a price
Quinncalled "reasonable."
I THE REMBERT family
rejected USC's offer and
authorized the Furman
Fulmer Co. to lease each of
the lot's 200 spaces for $15 a
month. Quirk said USC's
action prevented the family
from gaining economic
benefit from the land for
P more than a year, costing the
family about $36,000.
The landowners allege
|| USC made "unlawful and
unauthorized'/ use of the lot
from June 5, 1975 until the
property was returned by
all rniirt nrrlor to thf? Rpmhprt
i family in June 1979.
Quirk said Pope received a
phone message from Quirk
Oct. 6 informing him that the
hearing would not take place
the next day.
Quinn said the hearing had
never been scheduled for
n reinfor
for political is politically moti
Organization Li
lin the next decides which gr
planation to authority.
come, Allen SOLC adviser C
is reviewing th
stitution to deter
te's decision has authority to d
\CP chapter Allen also attri
; Association lack of minority
;n said black "We need someoi
erate. not saying the bl
offers some now are not loud <
;aid, is open but it never hurts
it member of
>rship after THERE WEF
uncontested (for
nt Jeff Floyd Allen said. "Ther
es are not as Allen says he is
3. receive funding
statement is pre
want to fund said, the chapt
i said. "The generating progi
ensing Com- more creative," I
fference betbut
is there Floyd said the
NAACP)?" money after the p
They've been turi
Dt have the already. Two ch
not his group groups get.''
STATE OF SOUTH CAROLIN
COUNTY OF RICHLAND
University of South Carolina,
Petitioner,
vs.
George R. Rembert, David H.
Rembert, Anne Jones PoweJl,
Lloyd E. Jones, Jr., John
Carleton Jones, Augusta
Rembert Walsh, and Eliza
oein memoeri ryier.
Landowners
The Landowners in the a
undersigned attorneys, herel
Court Rule 44, for summary
against the Petitioner dismis
Petitioner lacks authority to
the ground that there is n
material fact in this regard
the Landowners are entitled
as a matter of law.
This Motion is based o
produced by the Petition :, <
law and other evidence of r
Kimiinri nf fhic \1ntiitn
V \71 VIIIO iTIUilVlli
[ October 3,1980
Columbia, South Carolina.
Oct. 7. He said Oct. 7 was the
first day the hearing could
j take place.
QUIRK SAID he must
f have the documents before
j the condemnation hearing so
! he can prepare his case.
The Rembert family
! claims that the condemnation
papers filed
i against them by USC Aug. 2a
are "improper and
. unauthorized under the laws
: of South Carolina."
I They further claim that
the condemnation papers
cements
vated. He said only the Student
censing Committee, which
oups can be funded, has that
Hivia White said the committee
e Student Government conmine
whether the committee
ecide the issue.
ibuted the senate's decision to
representation in the senate,
le in the senate," he said. "I'm
acks that I know in the senate
enough in voicing our concerns,
to have more.
IE a lot of candidates running
vacant senate seats this fall),
e a re a venues open.''
optimistic that the chapter will
when the national office's
sented. If the appeal fails, he
er will plan more revenuerams.
"We'll just have to be
lesaid.
group's chances of receiving
resentation were ' slim to none,
ned down twice (by the senate)
lances is more than a lot of
IA IN THEtOUKTUK
COMMON PLEAS
MOTION FOR
SUMMARY
JUDGMENT
80 CP 40-3483
ibove action, through their
by move pursuant to Circuit
judgment in their favor and
sing this proceeding because
institute the within action on
o genuine issue as to any
and on the undisputed facts
to have this action dismissed
>n the pleadings, material
iepositions, memorandum of
ecord which will be filed in
WILLIAM J. QUIRK
Attorney for Landowners
ROBINSON. McFADDKN.
MOORE & POPE
Bv:
WILLIAM L. POPE
Attorneys for Landowners
t
were instituted "without
lawful authorization, and
there exists no public
necessity or purpose for such
action..."
The family also claim*
that "the value placed on the
...u .ni
auujcn pi ujjt'i i v .. .is wiiuiij
inadequate to constitute just
compensation or a fair price,
and the value stated ihy
USC') is so insufficient as a
fair valuation as 16
demonstrate bad faith on the
part of the petitioner \k
dealing with the lan^
owners."
* ?r. mill IM -VV >Mkyv?< >oAA * "*
r ^
T oday
at USC
^ Southern Culture
Symposium:
"Southern Roots ?
A Conversation on
A 1 n Al ? 1
me suumern experience,"
7:30 p.m.
Belk Auditorium,
business adiminstration
building.
H11 Film:
"Casablanca," the
WW II BogartBergman
romance
I is back. Show at 2:30
p.m., 75 cents.
Shnvv<s at 7 anr)
p.m., $1.
Weather
I Today: Sunny and >
warm. High in the
mid-70s.
Thursday: Fair with
high in the 70s. Low
in the 40s.