Birmingham-Southern College's future looks a little grimmer after a circuit court judge dismissed the school's lawsuit against the state treasurer for denying it a $30 million loan, reports AL.com's Mike Cason.
Weighing heavily in the decision was the word "may" as it appeared in legislation that allowed for the loan. Montgomery County Circuit Judge James Anderson said that even if the college were to be found that it met qualifications for the loan, the legislation said the treasurer "may" award loans to eligible colleges, not "shall" award loans.
That distinction, according to the ruling, leaves it up to the state treasurer whether to award the loan. And Alabama Treasurer Young Boozer turned down Birmingham-Southern's loan application a couple weeks ago, saying it did not meet the qualifications.
Birmingham-Southern officials have said the college is likely to close if it doesn't get public help to bridge its finances while it pursues funds from private sources. The school has 731 full-time students and 284 employees and has been open for 167 years.