Ruling awaited in Mayor's Scholarship suit

Five months after lawyers re-argued a lawsuit against the University and City of Philadelphia in the Mayor's Scholarship case, a Commonwealth Court three-judge panel has yet to announce a decision. However, according to lawyers involved in the case, the delay is not abnormal, nor does it indicate which way the court will decide the case. Last December, the Public Interest Law Center of Philadelphia, or PILCOP, appealed an earlier ruling by Common Pleas Court Judge Nelson Diaz, who ruled in favor of the University and city because PILCOP did not have standing to sue. In a case which has drawn attention to the University's relationship with the local community, PILCOP lawyers argued that it does have the legal standing, contrary to Diaz's decision. Diaz ruled that only the mayor or a Mayor's Scholar who attended the University could challenge the disputed 1977 ordinance that mandates the scholarships. Historically, the Mayor's Scholarship controversy centers around a 110-year old agreement between the city and the University, which gives the University rent-free land in exchange for a set number of scholarships. "The case was complex, it's taking them a while to do the work," said PILCOP lawyer Michael Churchill. "It's been four months -- I don't regard that as highly unusual." Churchill added that no conclusions can be drawn from the length of time it has taken the court to decide, but it is clear the court is taking the case seriously. University General Counsel Shelley Green said the decision date is "absolutely unpredictable," and the length of time required for the court to make a decision may vary widely. In its appeal last December, PILCOP claimed the 1977 ordinance between the University and city allows for 125 scholarships to be awarded annually, and not 125 overall, as the University contends. According to Churchill, the wording of the 1977 ordinance clearly indicates that the city meant to increase the number of scholarships, although he admits it is hard to determine what the city officials exactly meant. "It was clear that they desired to increase it," Churchill said. "Its effect was to bring back the percentage of kids from Philadelphia to where it was in 1910 -- five percent." Green agreed that the wording of the ordinance was slightly ambiguous, but added that the city had meant all along for there only to be 125 scholarships total. "The drafting could have been more precise," said Green. "Naturally, [the city] would like more kids to have scholarships, but the city solicitor looked at the contract and agreed with the University. They're trying to be fair." Churchill commented that city solicitors have offered differing opinions over the course of the controversy. In 1977, he said, the city solicitor testified that the city meant to increase the number of scholarships, but that a different solicitor offered a written opinion in 1992 stating that city officials meant to keep the total number of scholarships at 125. The scholarships were designated for deserving students who attended any high school in the city. In exchange, the University acquired additional land. In August 1977, the University agreed "to establish and forever maintain at least 125 four-year, full tuition scholarships,or their equivalent, in any of the departments of the University, to be awarded annually by the mayor of the City of Philadelphia to deserving students from all of the schools of the city."

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