Appeal filed to dismissal of case vs. Clemson trustees

A judge’s ruling throwing out a challenge to life terms granted some members of Clemson University’s governing body is under appeal.  The appeal, on behalf of John Sloan and NOLAS Trading Company, was filed this week in the Pickens Common Pleas Court on behalf of the plaintiffs by the Carpenter Law Firm of Greenville.  Case defendants are seven men and women identified by the plaintiffs as life-time trustees.  The defendants, however, quibble with the term “Life trustees.”  Instead, they assert, the term should be “Successor trustees.”  The case calls into question the terms—and applicability—of the will of Clemson founder Thomas G. Clemson.  Under challenge is a legal question of whether “Will Trustees” are unconstitutional.  Further, the plaintiffs contend the state constitution sets forth:  “No person may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers must be for some specified period, except officers in the militia.” On April 3, Pickens County Probate Judge David Allison granted motions of the defendants to dismiss the challenge.  It is that dismissal that the plaintiff’s side has appealed to the circuit court.