Memorandum from Lani Guinier to Ralph Neas, Cedric Hendricks, Hulbert James, Richard Briffault, Stuart Ishimaru, and Sonia Jarvis

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

VS. NO. 28,030 

HOLMES COUNTY BOARD OF EDUCATION, 
et al., 

Defendants-Appellees. 

JOAN ANDERSON, et al., 

UNITED STATES OF AMERICA, 

Plaintiffs-Appellants, 
CIVIL ACTION 

VS. NO. 3700(J) 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, ef al., 

Defendants-Appellees. 

MOTION FOR SUPPLEMENTAL RELIEF 
  

1. November 7, 1969, this Court ordered that the plan of 

desegregation prepared by H.E.W. be implemented in the Madison 

County School District. The said plan provides that the pre- 

viously white Farmhaven Attendance Center be closed. 

2. Defendant, Madison County Board of Education, intends 

to convey the building and land of the Farmhaven Attendance 

Center by general warranty deed. (A copy of a newspaper notice 

appearing in the December 4, 1969, issue of the Madison County 

Herald, is attached hereto.) 

 



  

II 

3. The sale of public school property and buildings with- 

out restriction will promote the growth of private segregated 

education in Madison County and will undermine the orders of 

this Court; 

4. The sale of public school property without safeguards 

against the immediate or ultimate use of such property for pri- 

vate segregated school purposes violates plaintiffs' rights 

assured by the Equal Protection Clause of the Fourteenth Amend- 

ment. 

5. This Court, when confronted with a similar threat to 

the integrity and viability of its orders, held that "(n)o 

abandoned school facility . . . if any, shall be used for pri- 

vate school purposes." Jeremiah Blackwell, Jr. v. Anguilla 
    

Line Consolidated School District and the Sharkey-Issaquena 
  

Line Consolidated School District, (consolidated under Alexander 
  

  

v. Holmes County Board of Education, No. 28032), Order filed 
  

November 26, 1969. 

WHEREFORE, plaintiffs move this Court to enter an order: 

l. enjoining defendants, their agents and successors, 

from conveying Farmhaven Attendance Center without provision 

to insure against the use of the said land and facilities for 

private school purposes. 

2. enjoining defendants, their agents and successors, 

 



  

to prohibit the use of any abandoned school facility for pri- 

vate school purposes. 

ET 

4 

\ (lg nA N \ x ) 
MEDVYN R. TEVENTHAL \ 
FRED’ L. BANKS, JR. 
REUBEN V. ANDERSON 
JOHN A. NICHOLS 

538% North Farish Street 
Jackson, Mississippi 39202 

  

JACK GREENBERG 
NORMAN CHACHKIN 
MELVYN ZARR 

Suite 2030 
10 Columbus Circle 
New York, New York 10019 

Counsel for Plaintiffs 

 



  

Madison County H Thursday, December 4, 1969 9] 

  

y . iE 
| PUBLIC NOTICE 
| 

The Madison Cite Beard of 
Educz ation, as Trustees: of the 

Madison County School Districs, 

having by resolution declared that 
1 the hereinafter described property 

formally used as the Farmhaven 

Attendance Center is not nee oo 
nor used for school purposes fro 

and after December 19, 1969, i 

having directed that same be ad- 

vertised for sale upon competi- 
tive bids in the manner provided 

| by law, notice is hereby given 
| that sealed bids for the herein- 
after described property will be | 
received until the hour of 7:30 
o'clock PM. on December 29, 
1969 at the Educational Center 

| Cocmplex on Highway 22 West of 
Canton, Mississ sippi, at which time | 
such bids are to be received and’ 
opened and the hereinafter de- 
scribed property to be sold to the 
highest and best bidder for cash, 

said property being the buildings 
and improvements and land upon 
which same is situated, said land 
lying and being situated in Madi- 
son County, Mississippi and de- 
scribed as follows: 
Commencing at a point in the 

| center of the Old Millville and 
Sharon Road, said point being in 
the west line of, and 858 feet north 
of the southwest corner of Section 
3, Township 9 North, Range 5 
Bast, oe run ther nce north and 
along the west line of said Sect: 
5, and edi Ra ona tne ok Millville and 

Road 
of 

  Fine 
1071 a distance 

  

| 
| 

| flection angle 
| 

| right and run 
| 

| Road for a distance of 336.8 

1129.8 feet to a point, said point 
bein g 4339.8 feet south of the south 

operty line of the Sharon-Farm- 

haven School and being further the 

oint of beginning for the descrip- 

on of a parcel of property de- 
scribed as follcws, to-wit: 

Continuing thence north 0° 45 

along said west line of Section 

- a distance of 439.8 feet to a 

turn thence through a de- 

of 121° 34 to the 

Scuth 57° 41’ East 

and aleng the south property line 

cf the Sharon-Farmhaven School 
feet 

19 

3% 

t 

east cao 

nt: 
hy) por 

| to a point; turn thence through a 

of :3° 

54° 
deflection angle 8 to the 

right and run south 33’ East 

and along said property line and 

‘read for a distance of 601.1 feet 

turn thence through 

ction angle of 86° 23’ to 

and run south 31° 50° 
a distance of 347.9 feet 

to a point; turn thence through 

a deflection angle of 90° 55° to 

the right and run north 57° 15’ 

west for a distance of 710 feet to 

the point of beginning. 

The abeve described parcel of 
land lying and being situated in 

the NW; of SW of Section 5, 

Township 9 North, Range 5 East, 

to a point; 

a defle 

the righ nt 

west for 

Madison County, Mississippi, and 

containing 6.91 acres more or less. 

All bids for the purpose of the 

purchase of the above described 

property including buildings and 

  
improvements thereon, must be in | 

writing and delivered to the Coun- 

ty Superintendent ¢f Education at 

the Educational Center on High- 

way 22 West of Canton, Mississip- 

pi, prior to the hour of 7:30 o clock 

P.M. on December 29, 1969. 

The Madison County Board cf 

} Education reserves the right to re- 
ject any and all bids. 

The above described property 

shall be conveyed by general war- 
ranty deed b 

tees shall reserve unto the Madi- 

son County Schocl District all in- 

terests in ra to the oil, gas and 

other minerals, in, on and under 

the above descri Pn property. 

< THE MADISON 

'Y BOARD OF EDUCA- 

TION in reg Se session assembled 

on this the Ist day of December,   1968. 

Robert E. Cox 

Executive Sectonty: Madi- 
scn County Board of 
Education 

SEAL) 
3: 18-25 i Dec. 
  

ut the Board of Trus- | 

  
 



  

3 

§ 4 

CERTIFICATE OF SERVICE 
  

I hereby certify that on this 15th day of December, 1969, 

I caused to be served by United States mail, postage prepaid, 

a copy of the foregoing Motion For Supplemental Relief upon R. 

L. Goza, Esquire, 114 West Center Street, Canton, Mississippi 

39045. 

  MELVYN R. LEVENTHAL 

 



  

.- UNITED STATES COURT ®.... 

FOR THE FIFTH CIRCUIT 

BEATRICE ALEXANDER, et al., 

Plaintiffs-Appellants, 

vs. NO. 28,030 

HOLMES COUNTY BOARD OF EDUCATION, 

et al., 

Defendants-Appellees. 

JOAN ANDERSON, et al., 

UNITED STATES OF AMERICA, 

Plaintiffs-Appellants, 

3 CIVIL ACTION 
5 NO. 3700(J) 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, eb-2l., 

Defendants-Appellees. 

ORDER 

  

Plaintiffs having filed their Motion for Supplemental Re- 

lief, and the Court having considered same, 

it is hereby ORDERED, ADJUDGED AND DECREED: 

1. that defendants, their agents and successors, are 

hereby enjoined from conveying the Farmhaven Attendance Center 

by general warranty deed; 

2. that defendants shall not dispose of the Farmhaven 

Attendance Center without provision assuring that the said 

property will not be used for private school purposes: 

3. that defendants are permanently enjoined to prohibit 

the use of any abandoned school facility for private school 

purposes. 

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE