Adams v. American Quarter Horse Ass'n

583 S.W.2d 828, 1979 Tex. App. LEXIS 3765
CourtCourt of Appeals of Texas
DecidedMay 29, 1979
Docket8979
StatusPublished
Cited by37 cases

This text of 583 S.W.2d 828 (Adams v. American Quarter Horse Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. American Quarter Horse Ass'n, 583 S.W.2d 828, 1979 Tex. App. LEXIS 3765 (Tex. Ct. App. 1979).

Opinions

[831]*831REYNOLDS, Chief Justice.

J. R. Adams and G. R. Russell appeal from a take-nothing judgment in their action for a mandatory injunction compelling The American Quarter Horse Association to register their filly. The central questions are whether the trial court did, and we hold that the court did not, reversibly err in failing to determine that AQHA procedurally denied due process to, and unfairly discriminated against, Adams and Russell in denying registration of their filly. Affirmed.

Appellants Adams and Russell, both members of AQHA, are the co-owners of a filly foaled 13 March 1976. They applied to AQHA for registration of the filly as a quarter horse. After notice and a hearing in which their counsel and appellant Adams participated, registration was denied on the ground that the filly had white markings beyond the limits prescribed by AQHA’s rules.

Appellants instituted this action in district court seeking a mandatory injunction compelling AQHA to register their filly. Following a court hearing sans jury, the relief requested by appellants was denied. ■ The court made and filed findings of fact and conclusions of law. From its factual findings, the court concluded that there was no violation of due process and AQHA had acted in full conformity with its rules.

Appealing, appellants essentially complain that the court reversibly erred “in failing to find” that AQHA denied them due process and “in not finding” that AQHA’s application of its rules unfairly discriminated against them in certain particulars. The specific complaints are suitably observed against the recorded background.

The American Quarter Horse Association is a non-profit Texas corporation which exists to collect, record and preserve the quarter horse pedigree. In this connection, AQHA regulates the breeding, exhibition, publicity, salé, racing and improvements of the breed; and, before a horse may participate in any AQHA sanctioned event, it must be duly registered as a quarter horse.

The business of AQHA is managed by a board of directors and an executive committee. The board of directors has the power to make, amend, repeal and enforce rules and regulations not contrary to law or to the by-laws. The by-laws and rules affecting registration of horses are subject to change only by the board.

The executive committee is vested with all powers of the board of directors, except the power to change any by-laws pertaining to registration of horses. The committee is given the specific authority to declare eligible for registration an animal lacking some of the registration rule requirements.1

From its inception, AQHA has had the so-called “White Rule,” designed to protect the breed by excluding therefrom pinto, appaloosa, albino, or other characteristics deemed undesirable. At all times material to this cause, the rule, appearing as Rule 96 in AQHA’s Official Handbook under the heading “HORSES NOT ELIGIBLE,” contains in its first three of five sections the following language:

96. A. No animal having white markings with underlying light skin beyond the following described lines shall be eligible for registration in any section of the Association’s official Stud Book. The prescribed lines for white markings with underlying light skin are as follows:
1. White above a line around each leg at the center of the knees and point of the hocks.
2. White behind a line running from the center of each ear to the corner of each side of the mouth; and
3. White on the lower lip above a line running from one corner of the mouth to the other corner. A diagram of these lines of demarcation is shown on page 30 [of AQHA’s Official Handbook],
[832]*832B. When an animal is a gelding or spayed mare, it may be eligible for registration, having white markings with underlying light skin beyond the lines described in paragraph “A” above, but not constituting excessive white markings with underlying light skin, or having one or more spots of such size, kind, and in such location as to indicate pinto, appaloosa or albino breeding. The registration application for such animal shall be accompanied by a statement from the owner stating such condition of the animal and the date on which the animal was gelded or spayed.
C. In cases of undue hardship, in addition to the provisions of paragraphs A and B above, the Executive Committee shall have the authority to declare eligible for registration a stallion or mare which, in the majority of opinion, is outstanding in conformation and having a sire or dam of outstanding performance or produce, and is worthy of registration though having white markings with underlying light skin beyond the lines described in paragraph A above, but within the standards specified in paragraph B above. An owner who feels he has a just hardship case shall make application and tender a fee of $250 for the purpose of sending two regular field inspectors to examine the horse. The $250 fee shall not be returned regardless of the decision of the Executive Committee. The inspectors’ opinions shall be considered by the Executive Committee in acting on the application.2

Rule 96C is commonly referred to as the “hardship rule.”

Appellants’ application for registration of their 1976 filly was received by AQHA on 19 May 1976. A 30 August 1976 letter from AQHA’s registration department informed appellants that a preliminary examination of the application and photographs filed indicated the possibility of white markings on the filly beyond the standards specified in Rule 96A. Appellants were advised they could personally appear and be represented by counsel to support the application when it was presented to the committee, or they could waive the right of hearing and instruct AQHA to process the application under Rules 96B or 96C. Appellants responded by waiving personal appearance, requesting that the application be considered under Rule 96C, and tendering a $250 check for the conformation inspection costs. Appellant Adams added a note that it would be satisfactory for the inspection to be delayed until the next spring. AQHA then reminded appellants of the need for closeup pictures where excessive white might exist on the filly, suggesting the areas and camera angles.

.Before any further action was taken on the application, AQHA’s Stud Book and Registration Committee, after soliciting and receiving input, reported to the general membership at AQHA’s March, 1977 convention. The report included recommendations that no amendment be made to Rule 96, that greater leniency should be shown in registering spayed mares and geldings, and that registration of potential breeding stock under the hardship rule [Rule 96C] must be carefully regulated. The board of directors approved the report. The executive committee accepted the action as representing AQHA’s interpretation of Rule 96.

Thereafter on 26 June 1977, the executive committee met and made a preliminary determination that the filly was not subject to registration because of the photographic indications of white markings unacceptable for registration under Rule 96C. Informed of this determination, appellants were also advised they would have an opportunity to appear before the committee for a final determination, be represented by counsel if they desired, and present any evidence in support of their application for registration.

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Bluebook (online)
583 S.W.2d 828, 1979 Tex. App. LEXIS 3765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-american-quarter-horse-assn-texapp-1979.