Original Article: http://dartreview.com/archives/2003/10/23/dartmouth_testifies_against_the_review.php
Thursday, October 23, 2003
In February 2002 The Dartmouth Review moved its offices from Main Street to the more central-to-campus Webster Avenue. The Review would occupy the first-floor of the derecognized Zeta Psi fraternity. Although Zeta Psi's lawyers considered the move legal within the bounds of Hanover zoning ordinances, the Hanover Zoning Administrator considered it a breach of "institutional" zoning regulations.The fraternity appealed in March and on July 10 went before the Hanover Zoning Board of Adjustment.
Attorney William Koppenheffer and fraternity president Brian Tse represented Zeta Psi before the Board. The College sent Larry Kelly, Dartmouth's Associate Director of Real Estate.
Zeta Psi sought to prove that the operations of The Review and the fraternity were interrelated and, despite their private and independent status, were part of the College community. At the hearing Koppenheffer said,
"Building an office, which is what The Dartmouth Review is, is clearly allowed in the institutional zone. . .The zoning officer found that The Dartmouth Review, as a publishing office, had no relationship to Zeta Psi.We disagree, as you might all guess. it's our contention that the relationship The Dartmouth Review has to have to the institutions on land, in the district...Dartmouth fraternities and Dartmouth College?here we have a student-run newspaper, about Dartmouth College, located on property surrounded by Dartmouth College property. I think any reasonable person would conclude that it is related to what the institutions are that are located on [the] property."
Zoning Board Acting Chairman Michael Hingston continued to press Koppenheffer on the relationship between the Review and Zeta Psi. Hingston himself seemed unclear as to what an acceptable use of ?institutional? property would entail.
College administrator Larry Kelly attended the hearing to reiterate the College's approval of the initial decision by the zoning administrators.He was, however, unprepared to answer specific questions concerning College properties. "I can say as far as I can think at this time, I'm not aware of any situation that has a building that has Dartmouth students or faculty in non-Dartmouth related offices," he said. "This is without studying the issue."
Representatives from Zeta Psi took issue with this statement and offered the example of the Daily Dartmouth.The Daily Dartmouth considers itself an independent campus publication and prints in its issues that, "The Dartmouth, Inc., publisher of The Dartmouth, is an independent, non-profit corporation chartered in the state of New Hampshire." Despite its "independent" status, the Daily Dartmouth maintains its offices in Robinson Hall, which is owned by the College. Kelly was evasive when asked by Hingston about the Dartmouth's status.
Hingston: Is [the Daily Dartmouth] a separate corporation?
Kelly: I think [the College] oversee[s] the newspaper.
Hingston: Is that a separate legal entity?
Kelly: I don't know.
The meeting was not without its light moments. At one point, Kelly asked the Board to question Zeta Psi on its and the Review's relationship with the College.Koppenhoffer responded to the latter with a question of his own. "The relationship between Dartmouth College to The Dartmouth Review?that was a rhetorical question, wasn't it?" he asked.
The next week the five Zoning Board members voted unanimously to deny Zeta Psi's appeal and cited the Review office's unacceptability as an accessory use of a student residence.
Zeta Psi is appealing the zoning decision to Grafton County Superior Court.