Delta Zeta Reportedly Sues DePauw

[sherbertlemons]

Originally Posted by Kevin

Legally, I know I'd be misstating the theory, but it seems to me that some species of equitable estoppel might operate as a strong defense for the University.

That aside, also legally, I don't believe that (absent a contractual duty) Depauw has any obligation to follow its own policies with regard to any matter. Those policies may provide some sort of intra-organization decision-making framework, but policies of private organizations generally do not operate as contractual obligations to the outside world.

Okay, I'm curious. Can anyone with a legal background explain exactly what equitable estoppel is? I'm assuming it's something along the lines of it's unfair to hold people to standards you aren't willing to abide by yourself, but I know next to nothing about law.

Does anybody know what exactly happens when a new Greek org comes on campus? I know how expansion works, but are there any documents signed by the group, the school, and/or the local PHC? I just wonder if there is anything there that could become part of the case.

[TSteven]

Originally Posted by sherbertlemons

Okay, I'm curious. Can anyone with a legal background explain exactly what equitable estoppel is? I'm assuming it's something along the lines of it's unfair to hold people to standards you aren't willing to abide by yourself, but I know next to nothing about law.

estoppel

equitable estoppel

A type of estoppel that bars a person from adopting a position in court that contradicts his or her past statements or actions when that contradictory stance would be unfair to another person who relied on the original position. For example, if a landlord agrees to allow a tenant to pay the rent ten days late for six months, it would be unfair to allow the landlord to bring a court action in the fourth month to evict the tenant for being a week late with the rent. The landlord would be estopped from asserting his right to evict the tenant for late payment of rent. Also known as estoppel in pais.

Originally Posted by sherbertlemons

Does anybody know what exactly happens when a new Greek org comes on campus? I know how expansion works, but are there any documents signed by the group, the school, and/or the local PHC? I just wonder if there is anything there that could become part of the case.

I would guess it depends on the school and what services they - the school - might provide. Housing as an example. I'm sure there are other areas covered like risk management etc.

[MysticCat]

Originally Posted by TSteven

Thank you counselor. A few follow up questions if I may.

In your opinion, is this the type of case that might be tried before a jury? Or do you feel it will more likely be tried before a judge. Also, based on the merits as presented (real and perceived), what is your opinion on the case being outright dismissed?

Whether or not the case would be tried before a jury would depend generally on (1) whether either party requests a jury and (2) whether the case presents questions of fact (which a jury or a judge, if there is no jury, can consider) or only questions of law (which are for a judge to decide). Even if there are questions of fact, if nobody requests a jury, it will be a bench trial.

And with no more knowledge than I have, it would be baseless to speculate on likelihood of dismissal.

Originally Posted by TSteven

estoppel

equitable estoppel . . . .

Very good job! And I think Kevin is right -- I'm not seeing how it could be applicable here.

[Kevin]

Originally Posted by MysticCat

Very good job! And I think Kevin is right -- I'm not seeing how it could be applicable here.

I was trying to frame a legal theory for "What comes around goes around." We'd have to call it "equitable estoppal as to third parties."

It sounds like it should exist, but it doesn't.

[SWTXBelle]

Now I'm curious - given that DZ was established so long ago at DePauw, what the (legal) agreement between the two was, if any. Surely the University gave some sort of recognition to DZ, similiar to the way a GLO grants a charter. Anyone know of such a document - even if it is in the minutes of a meeting of some sort?
Did it address housing as an issue at any time since then? Spell out anything else?
Does anyone know what the current procedure is when a GLO is invited to come on a campus? Surely in this day and age there is some sort of agreement.
AND - how will this change?

[MysticCat]

Originally Posted by Kevin

I was trying to frame a legal theory for "What comes around goes around." We'd have to call it "equitable estoppal as to third parties."

"Karmic estoppel," maybe?

[JoinerLxa]

AS USUAL, the only winners in this situation will be THE LAWYERS and
their personal bank accounts!

[Kevin]

Originally Posted by MysticCat

"Karmic estoppel," maybe?

If only there was case law

[MysticCat]

Originally Posted by Kevin

If only there was case law

Surely the Ninth Circuit can provide us with some.

[Kevin]

Originally Posted by sherbertlemons

Okay, I'm curious. Can anyone with a legal background explain exactly what equitable estoppel is? I'm assuming it's something along the lines of it's unfair to hold people to standards you aren't willing to abide by yourself, but I know next to nothing about law.

I'm pretty sure it doesn't apply. I researched some cases. I couldn't really find anything where equitable estoppal to third parties was something that ever worked.

Move on, nothing to see here