Curve Elementary School Parent & Teacher's Organization v. Lauderdale County School Board

608 S.W.2d 855, 1980 Tenn. App. LEXIS 397
CourtCourt of Appeals of Tennessee
DecidedApril 8, 1980
StatusPublished
Cited by20 cases

This text of 608 S.W.2d 855 (Curve Elementary School Parent & Teacher's Organization v. Lauderdale County School Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curve Elementary School Parent & Teacher's Organization v. Lauderdale County School Board, 608 S.W.2d 855, 1980 Tenn. App. LEXIS 397 (Tenn. Ct. App. 1980).

Opinion

MATHERNE, Judge.

The issue is whether the Curve Elementary School Parent and Teacher’s Organization (Association), an unincorporated association, has standing to sue solely in its own name seeking a declaratory judgment as to the alleged violation by the Lauderdale County School Board (Board) of the Public Meetings Act, T.C.A. § 8-4401 through 8-4421, and to enjoin the enforcement of the allegedly illegal and void decision of that Board to close the Curve Elementary School.

Prior to filing any responsive pleading, the Board filed a motion to strike, which the chancellor sustained and dismissed the Association’s lawsuit. The Association appeals to this Court.

The Board’s motion to strike avers that (1) the complaint of the Association failed to comply with Rule 23.07, Tennessee Rules of Civil Procedure, wherein it failed to name as parties plaintiff members of the class for which it sued, and (2) the complaint fails to name any member of the Association as a representative party plaintiff who would have legal standing to bring this lawsuit.

By Decree dated April 18,1979, the chancellor sustained the motion to strike and allowed the Association 30 days to amend its Complaint, which the Association refused to do. Consequently, by order entered on June 21, 1979, the chancellor held that “(t)he plaintiff having failed to amend its complaint so as to bring in a proper party before this court, the entire action is dismissed.”

The Board admits that the Association has capacity to bring this lawsuit, but insists that the Association lacks standing to sue solely in its own name.

We must first consider the propriety of using a motion to strike as allowed by Rule 12.06, Tennessee Rules of Civil Procedure, to challenge standing in the Association. On this issue the court in Knierim v. Leatherwood (Tenn.1976) 542 S.W.2d 806, stated:

An issue of standing is therefore raised by a specific denial or defense (but not an affirmative defense under Rule 8.03) in the answer or responsive pleading, or by a motion to dismiss under Rule 12.02(6) or in proper cases by a motion for judgment on the pleadings under Rule 12.03, or motion to strike under Rule 12.06. (Emphasis added)

Ordinarily, a motion to strike is not the proper vehicle by which to strike an entire pleading, but only those portions which are objectionable. 2A Moore’s Federal Practice, Motion to Strike, § 12.21[1] (1968); Wright and Miller, Federal Practice and Procedure, § 1380 (1969). However, a motion to strike can be used to eliminate an entire pleading, including a complaint, where its allegations are offensive, scurrilous or in gross violation of Rule 8, Tennessee Rules of Civil Procedure. Skolnick v. Hailett (7th Cir. 1965) 350 F.2d 861. Compare: Crim v. Rice (2d Cir. 1916) 232 F. 570.

We hold, however, that the entire complaint in this lawsuit is not subject to a motion to strike because it is not based upon an “insufficient defense, or any redundant, immaterial, impertinent or scandalous matter” as contemplated by Rule 12.06, Tennessee Rules of Civil Procedure. This lawsuit is not a “proper case” for a motion to strike based upon lack of standing in the plaintiff. In this situation we deem it proper to treat the motion to strike as a motion to dismiss for failure to state a claim upon which relief can be granted as permitted by Rule 12.02(6), Tennessee Rules of Civil Procedure. This practice is apparently followed by the courts of federal jurisdiction. See: Trio Process Corp. v. L. Goldstein’s Sons, Inc. (E.D.Pa.1966) 250 F.Supp. 926; Great Northern Paper Co. v. Babcock & Wilcox Co. (N.D.Ga.1968) 46 F.R.D. 67; Golaris v. Jewel Tea Co. (N.D.Ill.1958) 22 F.R.D. 16; Boerstler v. American Medical Ass’n. (N.D.Ill.1954) 16 F.R.D. 437, 442.

[858]*858The complaint avers that this lawsuit is brought under the provisions of the Declaratory Judgments Act, T.C.A. § 23-1101 through 23-1113 and under the provisions of the Public Meetings Act, T.C.A. § 8-4401 through 8-4421. These sections differ on the issue of who may bring suit under the respective statutes.

Under the Declaratory Judgments Act it is stated at T.C.A. § 23-1103 that “any person ... whose rights, status or other legal relations are affected by a statute ... may have determined any question of construction or validity arising under the . .. statute ... and obtain a declaration of rights, status or other legal relations thereunder.” At T.C.A. § 23-1101 a person is defined as “any person, partnership ... unincorporated association ... of any character whatsoever.”

Under the Public Meetings Act it is stated at T.C.A. § 8 — 4405 that the provisions of the act may be enforced by “any citizen of the state.”

This lawsuit is brought under the provisions of the Public Meetings Act and the relief sought is as allowed by that statute. Therefore, the plaintiff’s right to sue must be determined under the provisions of that enactment. In this respect the complaint avers that adequate public notice of the Board’s meeting “was not given to the plaintiffs or other interested citizens of Lauderdale County, Tennessee.” That averment will, on motion to dismiss, be accepted as an averment that the members of the Association are citizens of the state. That issue is, however, subject to proof during the course of the proceeding. We, therefore, treat the averment that this lawsuit is brought under the provisions of the Declaratory Judgments Act as mere surplusage and the definition of who may sue under that statute has no bearing on this lawsuit.

The distinction between standing to sue and capacity to sue was explained by our Supreme Court in Knierim v. Leatherwood, supra, as follows:

Capacity . . . relates to a party’s personal or official right to litigate the issues presented by the pleadings. .. .
Standing is a judge-made doctrine.... It is used to refuse to determine the merits of a legal controversy irrespective of its correctness where the party advancing it is not properly situated to prosecute the action.

In Flast v. Cohen, 392 U.S. 83, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968), the Court held that:

(I)n ruling on standing, it is both appropriate and necessary to look to the substantive issues ... to determine whether there is a logical nexus between the status asserted and the claim sought to be adjudicated.

On the more direct issue in this lawsuit of determining whether the Association has standing to bring this lawsuit solely in its own name, we follow the ruling in Hunt v. Washington State Apple Advertising Comm’n.,

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Bluebook (online)
608 S.W.2d 855, 1980 Tenn. App. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curve-elementary-school-parent-teachers-organization-v-lauderdale-tennctapp-1980.