Hitz v. Hoekstra CA4/2
Since its founding in 1917, Deep Springs College has accepted only male students. In 2011, the board of trustees of a trust set up in 1923 by the school’s founder, L.L. Nunn (the L.L. Nunn Trust or the Trust) voted by a 7-2 margin to make the college coeducational. Naturally, litigation ensued.
These consolidated appeals present the questions of whether the Trust can be interpreted or modified to allow the admission of female students. Petitioner David Hitz, as chairman of the board of trustees of the L.L. Nunn Trust, acting on behalf of the board of trustees, answers both questions in the affirmative, as does real party in interest Deep Springs College Corporation. Objectors Kinch Hoekstra and Edward Keonjian, as trustees of the L.L. Nunn Trust—who cast the two dissenting votes in 2011—answer both questions in the negative.
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