Belk v. Bean

247 So. 2d 821, 1971 Miss. LEXIS 1459
CourtMississippi Supreme Court
DecidedMay 3, 1971
DocketNo. 46224
StatusPublished
Cited by8 cases

This text of 247 So. 2d 821 (Belk v. Bean) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belk v. Bean, 247 So. 2d 821, 1971 Miss. LEXIS 1459 (Mich. 1971).

Opinion

RODGERS, Justice:

The original suit in this consolidated action was filed by B. G. Coggin, Jr., Roy Jones, Felix Coggin, Frank Culver and R. G. Berryhill, Trustees of the Nettleton Line Consolidated School District, against Leroy E. Belk, Superintendent of Education of Lee County, Mississippi, and Clyde Morgan, Boyd Robison, J. C. Holland, Jeff P. Land and M. H. Jones, members of the Board of Education of Lee County, Mississippi, and also named as defendants, A. F. Summer, Attorney General of Mississippi, and Neal Biggers, District Attorney of the First Circuit Court District.

The second suit was filed by Douglas A. Bean, the selected superintendent of the Nettleton Line Consolidated School District, against the County Superintendent of Education and the members of the Board of Education of Lee County, Mississippi.

Both suits were petitions for a writ of mandamus to compel the Board of Education of Lee County, Mississippi, to determine the funds available and to direct Leroy E. Belk, County Superintendent, to enter into a contract of employment with Douglas A. Bean to begin on July 1, 1970, and to extend through June 30, 1974. A motion was sustained consolidating the two suits and an order was entered setting the case for hearing in vacation.

The Attorney General filed a motion to dismiss as to the Attorney General and a demurrer was filed by the District Attorney, both alleging that the suit could not be brought against them without their consent. The County Superintendent and the members of the Lee County School Board filed a general demurrer. . The trial court sustained the motion of the Attorney General, the demurrer filed by the District Attorney, and the general demurrer filed by the County Superintendent of Education and the members of the Lee County Board of Education. The petitioners were allowed to amend their petition. The members of the Board of Trustees of the Nettleton Line Consolidated School District filed an amendment to its original petition in which they dismissed as to the Attorney General and the District Attorney as parties and added that they were under injunction of the United States District Court to carry out a desegregation plan for the Nettleton Line Consolidated School District and were, therefore, parties individually interested in the petition for mandamus.

The defendants, appellants here, filed separate demurrers and the court, after argument, overruled the demurrer filed in cause number 9907. This was the petition originally filed by Douglas A. Bean. Whereupon, the parties entered into a stipulation agreeing to the official character of the parties and agreeing that the Nettleton Line Consolidated School District embraces territory in Lee and Monroe Counties and that Lee County is the “home county” (where the school is located), and [823]*823that Monroe County is the “cooperating county”; that there are funds with which to pay the Superintendent of the Nettleton Line Consolidated School District and that Mr. Bean was selected as Superintendent of the Line School; that on February 2, 1970, the trustees of the Line School delivered written notice of the selection of Mr. Bean as Superintendent to the Board of Education of Lee County, Mississippi; that the County Superintendent of Education of Lee County recommended that Mr. Bean not be appointed; that the Board of Education made no contention that it acted on good grounds, but reserved the right to so plead if necessary. It is agreed that the subject matter in cause number 9908 (trustees’ suit) affects the public interest and that the subject matter in cause number 9907 (superintendent’s suit) is a matter of private interest. It is contended by petitioners that they have no speedy remedy in the ordinary course of law. The petitioners in cause number 9908 (the petition filed by the trustees) contend that they are under federal decrees and have a personal interest so as to entitle them to sue for mandamus.

The petitioners contended in the circuit court that the Board of Education of Lee County had no discretion as to whether or not the contract should be entered into, but rather that their function was “no more than a ministerial duty to perform.”

The respondents denied that they did not have discretion in the matter; that even if their function were purely ministerial they could not be required to enter into a four-year contract “because they cannot find that funds are available for the full term of the contract.”

The trial court held that writ of mandamus should issue and that Leroy E. Belk, Superintendent of Education was directed to enter into a contract with Douglas A. Bean as Superintendent of the Nettleton Line Consolidated School District for the four years beginning July 1, 1970, and ending June 30, 1974, at an annual salary of $12,000, subject, however, to the provisions of Section 6282-17 Mississippi Code 1942 Annotated (1970 Cum.Supp.)

The first issue submitted for our determination on appeal is whether or not the appellees are proper parties authorized to bring the petition for a writ of mandamus seeking to compel the defendants to perform the alleged duties as officers of the school system of Mississippi.

The authority for bringing a petition for a writ of mandamus is found in Section 1109 Mississippi Code 1942 Annotated (1956), which is in the following language:

On the petition of the state, by its attorney-general or a district attorney, in any matter affecting the public interest, or on the petition of any private person who is interested, the writ of mandamus shall be issued by the circuit court, commanding any inferior tribunal, corporation, board, officer, or person to do or not to do an act the performance or omission of which the law specially enjoins as a duty resulting from an office, trust, or station, where there is not a plain, adequate, and speedy remedy in the ordinary course of law.

In the case of Board of Education of Forrest County v. Sigler, 208 So.2d 890 (1968), we pointed out that since the issuance of a mandamus is an extraordinary remedy the statute granting the right to petition for the writ must be strictly construed. We, therefore, held that one state administrative agency could not sue another state administrative agency except by statutory authority, and when mandamus is the subject of the petition the petition must be instituted by the officers or persons authorized to bring the suit. In that case there were no proper parties because the suit was instituted by a board not authorized to sue.

It will be noted, however, that the foregoing Section 1109 Mississippi Code 1942 Annotated (1956) permits a private person who is interested to bring a petition for mandamus in any matter affecting the public interest. The issue as to whether or [824]*824not the Board of Education of Lee County has discretion to refuse to enter into a contract with the Superintendent of Education of the Nettleton Line Consolidated School District is obviously a “matter of public interest.”

In view of the decision we have reached in this case we do not find it necessary to consider the first issue. If we agree with the appellant that the Trustees did not have a right under the statute supra to petition for mandamus, but that the ap-pellee, Bean, did have such right as an interested individual to file a petition for mandamus, the petition should have been dismissed because the defendants-appellants, Lee County Board of Education, had discretion to approve or disapprove the appointment or nomination of a superintendent of a line consolidated school.

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Cite This Page — Counsel Stack

Bluebook (online)
247 So. 2d 821, 1971 Miss. LEXIS 1459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belk-v-bean-miss-1971.