BIRMINGHAM, Ala. (WIAT) — Birmingham-Southern College is suing Alabama State Treasurer Young Boozer in the wake of the college not receiving funds through a new act.

The lawsuit, filed in Montgomery County Circuit Court, compels Boozer to execute the Distressed Institutions of Higher Learning Revolving Loan Fund Act. Signed by Gov. Kay Ivey, the program allows Alabama colleges to take out loans to continue operations provided they qualify certain criteria.

BSC President Daniel Coleman said that despite the college engaging in “good faith” discussions with Boozer for several months, they received a letter Wednesday from him that denied BSC’s application, which would have provided the institution $30 million.

“After several additional attempts over the last two weeks and up through today to get Treasurer Boozer to execute the will of the Alabama Legislature, we have no other choice but to seek remedy from the court,” Coleman stated in a press release.

The future of BSC was in question in December 2022 when school officials announced that the college was nearly $38 million in debt and on the brink of closing. An announcement made in April reassured the public that the college would see the fall 2023 semester, despite providing no clarification on its financial status.

CBS 42 reached out to both Treasurer Boozer and Gov. Kay Ivey for comment, but did not receive a response.

Read the lawsuit documents filed by BCS below: