Grabow v. MONTANA HIGH SCHOOL ASS'N.

2000 MT 159, 3 P.3d 650, 300 Mont. 227, 57 State Rptr. 654, 2000 Mont. LEXIS 152
CourtMontana Supreme Court
DecidedJune 20, 2000
Docket99-658
StatusPublished
Cited by21 cases

This text of 2000 MT 159 (Grabow v. MONTANA HIGH SCHOOL ASS'N.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grabow v. MONTANA HIGH SCHOOL ASS'N., 2000 MT 159, 3 P.3d 650, 300 Mont. 227, 57 State Rptr. 654, 2000 Mont. LEXIS 152 (Mo. 2000).

Opinions

[228]*228CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

¶1 Rob Grabow appeals an order in which the First Judicial District Court, Lewis and Clark County, denied his request for a preliminary injunction preventing the Montana High School Association (MHSA) from enforcing its decision that he was ineligible to play high school basketball during the 1999-2000 school year. In December of 1999, this Court enjoined MHSA from preventing Grabow from playing basketball during the pendency of this appeal. We now dismiss the appeal as moot and remand for further proceedings.

¶2 Grabow sets forth the following issues:

¶3 1. Whether the District Court erred in ruling that MHSA’s Eight Consecutive Semester Rule is reasonable and that the government’s interest in enforcing the rule outweighs Grabow’s constitutionally protected right to participate in extracurricular activities.

¶4 2. Whether the non-delegation doctrine precludes MHSA, a private nonprofit corporation, from rule-making and adjudicating absent a clear legislative mandate.

¶5 3. Whether Grabow is entitled to reimbursement for his attorney fees in equity and under the private attorney doctrine.

¶6 In the fall of 1999, Rob Grabow enrolled as a senior at Park High School in Livingston, Montana. Upon enrolling, he was assured that he would be eligible to participate in basketball during the school year because he had not yet turned nineteen years of age and had not competed four consecutive years in any sport.

¶7 Grabow had attended several different schools during his high school career. He spent his freshman year, 1995-96, at North Pole High School in Alaska. In 1996-97, he was enrolled as a sophomore in a Fairbanks, Alaska high school where he played basketball. During the 1997-98 school year, Grabow attended a Port Angeles, Washington high school, where he also played basketball. In 1998-99, Grabow was a Rotary exchange student in Germany.

¶8 After Grabow enrolled at Park High School, he was informed that MHSA’s executive director had determined that he could not participate in basketball, because of MHSA’s semester rule. The semester rule states:

A student will be eligible to participate in Association Contests for four (4) consecutive years [eight (8) consecutive semesters] after entering the ninth grade or after qualifying for participation under Article II, Section (6) B (7th-8th grade waiver process). An attendance of twenty (20) days during a ninth grader’s first semester in [229]*229high school constitutes his/her first semester of attendance. A ninth grader who attends fewer than twenty (20) days in his/her first semester of high school does not begin his/her eight (8) consecutive semesters unless he/she has participated during this time in an Association contest. Such a period of fewer than twenty (20) days is not considered to be “the last previous semester attended” under Section (3).

Article II, Section (9), Montana High School Association 1999-2000 Official Handbook. MHSA’s executive director reasoned that Grabow’s seventh and eighth semesters of sports eligibility had elapsed while he was in Germany.

¶9 Grabow requested a hearing before MHSA’s Board of Control to determine whether he was exempt from the semester rule under a provision allowing for waiver “in case of emergency or where extenuating circumstances are involved.” He argued that waiver was justified because of his mother’s serious illness during his freshman year, which prevented him from participating in sports, together with his year spent abroad. The Board voted to deny Grabow’s request and later denied his request for reconsideration of that decision.

¶10 Grabow then filed a complaint asking the District Court for declaratory rulings that MHSA lacks rule-making and adjudicatory authority and that the semester rule is unconstitutional as applied to him. He further requested a hearing on whether a preliminary injunction should be issued precluding enforcement of MHSA’s ruling until his case could be adjudicated on its merits.

¶11 At the preliminary injunction hearing, Grabow, his mother, three MHSA representatives, and the superintendent of the Livingston schools testified. The court’s subsequent written order stated that there was no unlawful delegation of authority from school trustees to MHSA in regard to the decision not to waive the semester rule. The court further stated that the semester rule and its application in this case were more important than Grabow’s interest in trying out for the basketball team. Concluding that it was unlikely Grabow would ultimately prevail in his action, the District Court denied his request for a preliminary injunction. From that order, Grabow appeals.

¶12 In connection with his appeal, Grabow filed a Rule 40, M.R.App.P., application asking this Court to grant an injunction prohibiting enforcement of MHSA’s decision pending final disposition of this appeal. This Court granted that request on December 23, 1999, and also permanently enjoined MHSA from penalizing Grabow, his [230]*230basketball team, or his high school if the preliminary injunction was later dissolved or set aside. As a result of that ruling, Grabow participated on the varsity basketball team for Park High School during the 1999-2000 basketball season.

¶13 Briefing of the appeal was completed in March 2000. At that time, we requested and received supplemental briefs from the parties as to whether this appeal had become moot. For the reasons discussed below, we conclude that it has.

Discussion

¶ 14 Mootness is a threshold issue which must be resolved before addressing the underlying dispute. Shamrock Motors, Inc. v. Ford, 1999 MT 21, ¶ 17, 293 Mont. 188, ¶ 17, 974 P.2d 1150, ¶ 17.

A matter is moot when, due to an event or happening, the issue has ceased to exist and no longer presents an actual controversy. A question is moot when the court cannot grant effective relief. If the parties cannot be restored to their original position, the appeal becomes moot.

Shamrock Motors, at ¶ 19 (citations omitted). As indicated above, the Court has sua sponte raised the issue of mootness of this case.

¶15 In their supplemental briefs on this issue, the parties all assert that they retain actual and concrete interests in the outcome of this matter and that the issues therefore are not moot. Alternatively, they assert that this is a proper case for application of the exception to the mootness doctrine for constitutional questions which are capable of repetition yet which could evade review. This exception recognizes that the amount of time inherent in the litigation process renders it nearly impossible in some cases for a final judicial decision to be reached before the case is rendered moot. In such circumstances, because application of the mootness doctrine would effectively deny the remedy of appeal, a court will agree to issue a decision even after the actual controversy has been resolved. See Common Cause of Montana v. Statutory Committee (1994), 263 Mont. 324, 328, 868 P.2d 604, 606-07.

¶16 This case is similar to Van Troba v. Montana State University, 1998 MT 292, 291 Mont. 522, 970 P.2d 1029.

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Grabow v. MONTANA HIGH SCHOOL ASS'N.
2000 MT 159 (Montana Supreme Court, 2000)

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Bluebook (online)
2000 MT 159, 3 P.3d 650, 300 Mont. 227, 57 State Rptr. 654, 2000 Mont. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grabow-v-montana-high-school-assn-mont-2000.