Montgomery County Circuit Judge James Anderson will hold a hearing Wednesday on Birmingham-Southern College’s claims that State Treasurer Young Boozer exceeded his authority when he denied the college’s request for a $30 million loan.
“The Treasurer is bound to faithfully execute the laws passed by the Legislature as they are written,” Battle wrote in Birmingham-Southern’s motion. “He cannot veto those laws or implement them on different terms than those a statute imposes. But that’s what the Treasurer has done here.” Birmingham-Southern disputes those points, says Boozer lobbied against the legislation, was flatly opposed to granting the loan, delayed making the application process available, and “moved the goalposts” on collateral requirements.