Hallissey v. School Administrative District No. 77

2000 ME 143, 755 A.2d 1068, 2000 Me. 143
CourtSupreme Judicial Court of Maine
DecidedJuly 24, 2000
StatusPublished
Cited by20 cases

This text of 2000 ME 143 (Hallissey v. School Administrative District No. 77) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hallissey v. School Administrative District No. 77, 2000 ME 143, 755 A.2d 1068, 2000 Me. 143 (Me. 2000).

Opinions

DANA, J.

[¶ 1] Mary Jane Hallissey appeals from the summary judgment entered in the Superior Court (Washington County, Humphrey, J.) holding as a matter of law that Hallissey was not residing within Maine School Administrative District No. 77 (SAD 77) for the purpose of receiving a tuition subsidy, pursuant to 20-A M.R.S.A. § 5204 (1983),2 to defray the cost of her son’s tuition at a private school. Hallissey contends that it was error for the court to determine as a matter of law (1) that she was not residing within SAD 77 during the years that she.lived in Cape Elizabeth so that she could attend law school, and (2) that her decision to move to Cape Elizabeth did not constitute an exception to the residency requirement, see 20-A M.R.S.A. § 5205(5) (1993).3 We disagree and affirm the judgment.

[¶ 2] The material facts are not in dispute. Hallissey owns a house in the Town of Whiting, a part of SAD 77. SAD 77 does not have its own public high school. Pursuant to section 5204(4), SAD 77 provides a tuition subsidy for high-school students whose parents reside within the district to attend private schools or public schools in other districts.

[¶ 3] In November 1995, Hallissey, who was at that time living in the Whiting home,, initiated litigation against SAD 77 because it was not providing the tuition payments for her son, Brendan, to attend John Bapst High School in Bangor. The issue raised in her complaint was whether section 5204(4) required SAD 77 to authorize a subsidy of Brendan’s tuition at John Bapst High School, the private school he had elected to attend. The litigation was resolved by a settlement agreement, pursuant to which SAD 77 agreed to pay $3,500 annually toward Brendan’s tuition to John Bapst so long as he remained enrolled there in good standing. In addition, continuance of this subsidy in future school years was contingent on “Mary Jane Hallisse/s continuing status as both [1071]*1071a legal resident of Whiting and legal custodian of [ ] Brendan J. Hallissey.”

[¶ 4] Several months later, at the beginning of the 1996-97 school year, Hallissey began attending the University of Maine School of Law in Portland. In order to live within a reasonable commuting distance of the law school, Hallissey and another individual purchased a home in Cape Elizabeth in which she lived during the school years 1996-97 and 1997-98.

[¶ 5] WOien SAD 77 learned that Hallis-sey was living in Cape Elizabeth, and had enrolled her younger son Patrick in its public schools, the District sent a letter to her attorney requesting an explanation. When no explanation was provided, SAD 77 concluded that Hallissey was no longer residing in Whiting and therefore did not list Brendan as a student eligible to receive the subsidy to John Bapst for the 1996-97 school year. Hallissey again commenced litigation, this time seeking a determination of her rights pursuant to the parties’ settlement agreement.

[¶ 6] SAD 77 filed a motion for a summary judgment arguing that the residence requirement of section 5204(4) required the parent to actually live in the District to be eligible to receive the subsidy. Conversely, Hallissey filed a cross-motion for a summary judgment arguing that, pursuant to the settlement agreement, she needed only to be a “legal resident” of the District to be eligible for the subsidy, or in the alternative, that she was entitled to the tuition subsidy pursuant to the “temporary residence” exception provided by section 5205(5). The trial court agreed with SAD 77’s position that Hallissey no longer resided within the District and determined that she was therefore not entitled to the tuition subsidy. This appeal followed.

[¶ 7] When considering an appeal from a summary judgment, we view the evidence “in a light most favorable to the party against whom the judgment was entered to determine whether the record supports the trial court’s conclusion that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Cambridge Mut. Fire Ins. Co. v. Vallee, 687 A.2d 956, 957 (Me.1996). A summary judgment is appropriate when “the parties are not in dispute over the facts, but differ only as to the legal conclusions to be drawn from those facts.” Tondreau v. Sherwin-Williams Co., 638 A.2d 728, 730 (Me.1994).

[¶ 8] “[A]pproved settlement agreements are binding as to matters agreed upon ... and principles of contract [law] govern their interpretation.” Soucy v. Sullivan & Merritt, 1999 ME 1, ¶ 7, 722 A.2d 361, 363 (citations omitted). “A contract is to be interpreted to effect the parties’ intentions as reflected in the written instrument, construed with regard for the subject matter, motive, and purpose of the agreement, as well as the object to be accomplished.” Handy Boat Service, Inc. v. Professional Services, Inc., 1998 ME 134, ¶ 7, 711 A.2d 1306, 1308. “The interpretation of an unambiguous contract is a question of law ... whereas the interpretation of an ambiguous contract involves a question of fact.” See United States v. Wheeler, 1999 ME 54, ¶ 9, 726 A.2d 1264, 1266.

[¶ 9] The settlement agreement into which the parties entered demonstrates that the parties intent was to clarify their respective rights and obligations pursuant to section 5204. Nevertheless, Hallissey argues that the presence of the term “legal resident” in the settlement agreement grants her a broader right to the tuition subsidy than section 5204(4) provides other parents who live in Whiting, i.e., she is not required to actually live in Whiting. She does not, however, cite to any record evidence indicating she sought to receive a benefit in excess of the statute’s provision regarding her right to the subsidy, or that either party had any such expectation when they entered into the settlement agreement.

[¶ 10] SAD 77, on the other hand, argues that the parties’ intent when they entered [1072]*1072into the settlement agreement was to place Hallissey in the same position that she would have been in had she successfully pursued her initial cause of action. In support of its position, SAD 77 argues that because it is a public body it could not have entered into the settlement agreement with the intent that the term “legal resident” would require less of Hallissey than that of the term “reside” in section 5204(4). As such, it could not have acted in a manner inconsistent with and in excess of the mandate of section 5204(4) because such an agreement would be in excess of its power and thus void.

[¶ 11] We have stated that public bodies, including school districts, “may exercise only that power which is conferred upon them by law. The source of that authority must be found in the enabling statute either expressly or by necessary inference as an incidence essential to the full exercise of powers specifically granted.” Churchill v. S.A.D. # 49 Teachers Ass’n, 380 A.2d 186, 192 (Me.1977); see also State v. Fin & Feather Club, 316 A.2d 351, 355 (Me.1974).4

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Hallissey v. School Administrative District No. 77
2000 ME 143 (Supreme Judicial Court of Maine, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
2000 ME 143, 755 A.2d 1068, 2000 Me. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hallissey-v-school-administrative-district-no-77-me-2000.