Repository: UIHistories Project: Board of Trustees Minutes - 1976 [PAGE 382]

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1975]

UNIVERSITY OF ILLINOIS

371

Litigation Initiated by Bradford R. Battey

(40) T h e University and Sammy Rebecca, Director of Housing at the UrbanaChampaign campus, have been named as defendants in an action filed in the Circuit Court of Champaign County, Illinois (Case No. 75 C 648), by Bradford Reed Battey, a student at the Urbana-Champaign campus. T h e Complaint seeks a declaratory judgment adjudicating the rights and duties of the parties under the University's standard Family Housing Lease and under a February 26, 1975, notification by Director Rebecca to all tenants, including the plaintiff, of a rental increase to be effective September 1, 1975. On March 19, 1975, the Board ratified Director Rebecca's February 26, 1975, notification and authorized defense of a similar action filed by another student at the Urbana-Champaign campus, which suit has since been dismissed on grounds of mootness. Director Rebecca has requested that the University provide counsel to defend him in the current proceedings and has stated that any actions alleged to have been taken by him in the matter were taken in his capacity as a University employee. The University Counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in the matter and to provide representation for Director Rebecca as requested. I concur.

O n motion of Mr. Howard, this recommendation was approved by the following vote: Aye, Mr. Hahn, Mr. Howard, Mr. Lenz, Mr. Livingston, Mr. Neal, Mrs. Rader, Mrs. Shepherd, Mr. Velasquez; no, none; absent, Mr. Forsyth, Governor Walker. Request to Purchase Landfill from Allerton Trust Farms for Roadbed Construction, Highway 72, through Allerton Trust Farm Land Mr. Donald Smith, manager of the Allerton Farms, presented information with regard to a request from the Chamness Construction Company to purchase landfill for the roadbed indicated, covering an area of no more than ten acres from the Allerton Trust Farms. A price of $10,000 per acre would be paid; $57,000 to be paid in advance. After discussion and review of the document presented by Mr. Smith (copies of the memorandum are filed with the Secretary for record), on motion of Mr. Hahn, the Trustees agreed: to support in principle the proposal as outlined by Mr. Smith, authorizing the appropriate administrative officers to negotiate toward that end in consultation with the individual members of the Executive Committee — and with the proviso that the proceeds from the sale of landfill be used to purchase additional farmland in a reasonable length of time — and, in the interim, funds received to be treated as funds functioning as endowment. 1 Report on Krannert Center for the Performing Arts Mr. Brady reviewed in some detail the history of faulty design and construction of this building, the pending lawsuit by which the University seeks to recover damages for such faulty construction, and thereupon

1 In addition, various editorial amendments of a technical nature were approved in the document presented by Mr. Smith. These have been noted in the copy of the memorandum filed with the Secretary for record.