Light v. Board of Education

364 A.2d 229, 170 Conn. 35, 1975 Conn. LEXIS 775
Supreme Court of Connecticut·Decided December 23, 1975·Published·Cited by 38 cases

Opinions

Cotter, J.

The plaintiff, a nontenured teacher, sought, inter alia, a writ of mandamus ordering that she be retained as a certified employee of the defendant board of education. She claimed that the defendant’s nonrenewal of her contract was in violation of the provisions of General Statutes § 10-151 and her due process rights. The defendant filed a demurrer to these two counts of the complaint, which the trial court overruled, and to the plaintiff’s prayer for a writ of mandamus, which the court sustained. The plaintiff did not plead over and, on motion of the defendant, judgment was entered in its favor, from which the plaintiff appealed.

Although the plaintiff in her prayer for relief sought in addition to mandamus reimbursement for lost salaries and “[s]uch other appropriate relief as the court may deem proper,” she did not pursue such remedies but chose, in not continuing with her cause of action, to rely solely on whether a writ of mandamus was proper, which issue is her only assignment of error. She alleged, inter alia, that the defendant failed “to renew her contract” to [37] teach in the town of Lebanon and that, although she was given a hearing by the board of education, she was not afforded her statutory and constitutional rights. She did not seek a declaratory judgment that her nonrenewal was illegal, nor did she seek to enjoin the board from terminating her contract of employment. Instead, the only specific remedies she sought were a writ of mandamus to compel the board to reinstate her, as well as reimbursement for lost salaries.

Since the plaintiff chose not to plead further after the demurrer to her prayer for mandamus was sustained, and judgment, as entered, was required for the defendant, Leger v. Kelley, 142 Conn. 585, 587, 116 A.2d 429, we are limited to deciding solely whether the trial court erred in sustaining the demurrer, Maltbie, Conn. App. Proc. § 13; Stamford Dock & Realty Corporation v. Stamford, 124 Conn. 341, 342 n.1, 200 A. 343. The demurrer in this ease tests whether the allegations of the complaint state a good cause of action for mandamus. Senior v. Hope, 156 Conn. 92, 96, 239 A.2d 486.

A “writ of mandamus is an extraordinary remedy to be applied only under exceptional conditions, and is not to be extended beyond its well-established limits.” Raslavsky v. Moore, 167 Conn. 363, 367, 355 A.2d 272, citing Lahiff v. St. Joseph’s Total Abstinence Society, 76 Conn. 648, 651, 57 A. 692, and Chatfield Co. v. Reeves, 87 Conn. 63, 64, 86 A. 750; Milford Education Assn. v. Board of Education, 167 Conn. 513, 518, 356 A.2d 109. See Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L. Ed. 60. “The writ of mandamus is designed to enforce a plain positive duty, upon the relation of one who has a clear legal right to have [38] it performed, and where there is no other adequate legal remedy.” Milford Education Assn. v. Board of Education, supra, 518, citing State v. New Haven & Northampton Co., 45 Conn. 331, 343. Consequently, a writ of mandamus will not lie to direct performance of an act requiring the exercise of a public officer’s judgment or discretion, Waterbury Teachers Assn. v. Furlong, 162 Conn. 390, 414, 294 A.2d 546; Ballas v. Woodin, 155 Conn. 283, 284, 231 A.2d 273; Boyko v. Weiss, 147 Conn. 183, 186, 158 A.2d 253; State ex rel. Scala v. Airport Commission, 154 Conn. 168, 176, 224 A.2d 236; State ex rel. Gold v. Usher, 138 Conn. 323, 326, 84 A.2d 276, nor will it lie to review a discretionary action of a public officer or board and compel a different course of action, Simmons v. Budds, 165 Conn. 507, 516, 338 A.2d 479; Hannifan v. Sachs, 150 Conn. 162, 167, 187 A.2d 253; State ex rel. Heimov v. Thomson, 131 Conn. 8, 12, 37 A.2d 689. Thus, use of mandamus “is justified only when necessary to supplement the deficiencies of ordinary legal processes” and when “the aggrieved party has no adequate remedy either at law or in equity,” Milford Education Assn. v. Board of Education, supra, 519, citing State ex rel. Howard v. Hartford Street Ry. Co., 76 Conn. 174, 184, 56 A. 506, and Bassett v. Atwater, 65 Conn. 355, 32 A. 937.

In an action for mandamus, the aggrieved party has the burden of proving deprivation of a “clear legal right,” Simmons v. Budds, supra; Waterbury Teachers Assn. v. Furlong, supra; Boyko v. Weiss, supra, and in the instant case the plaintiff has failed to meet that burden. The defendant board of education is charged with the duty of employing and dismissing teachers, General Statutes § 10-220, in accordance with the procedures established by Gen[39] eral Statutes § 10-151.1 The plaintiff contends that the alleged violation of this statute in not renewing her contract means that she has a “clear legal right” to reinstatement by a writ of mandamus. We cannot agree.2

Free access — add to your briefcase to read the full text and ask questions with AI

Light v. Board of Education, 364 A.2d 229, 170 Conn. 35, 1975 Conn. LEXIS 775 (Colo. 1975).

364 A.2d 229 (Light v. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Doe v. Board of Education
Connecticut Appellate Court, 2022
Wiznia v. Woodbridge Pzc, No. Cv 02-0460173 S (X20) (Mar. 25, 2003)
2003 Conn. Super. Ct. 4079 (Connecticut Superior Court, 2003)
Loda v. Seymour, No. Cv00 0072044s (Dec. 10, 2002)
2002 Conn. Super. Ct. 15850 (Connecticut Superior Court, 2002)
Waterbury Firefighters Assoc. v. Ryan, No. Cv02-0168893s (Jul. 2, 2002)
2002 Conn. Super. Ct. 8767 (Connecticut Superior Court, 2002)
Sciortino v. Town of Trumbull, No. Cv97 34 40 14s (Nov. 23, 1999)
1999 Conn. Super. Ct. 15564 (Connecticut Superior Court, 1999)
Hanes v. Bridgeport Board of Education, No. Cv95 32 88 50 S (Sep. 4, 1998)
1998 Conn. Super. Ct. 10711 (Connecticut Superior Court, 1998)
Colon v. City of New Haven, No. Cv-94-0363088s (Jul. 2, 1998)
1998 Conn. Super. Ct. 8325 (Connecticut Superior Court, 1998)
Rheiner, Ppa v. Lefevre, No. Cv94-0541267s (Mar. 12, 1998)
1998 Conn. Super. Ct. 3680 (Connecticut Superior Court, 1998)
Tarantelli v. Town of East Haven, No. Cv97 0404125 (Oct. 31, 1997)
1997 Conn. Super. Ct. 11037 (Connecticut Superior Court, 1997)
Golden Hill Paugussett Tribe v. Weicker, No. Cv-91-0500895-S (Jun. 17, 1997)
1997 Conn. Super. Ct. 6805 (Connecticut Superior Court, 1997)
Evan v. Borough of Naugatuck, No. Cv93-0117285 (Oct. 4, 1995)
1995 Conn. Super. Ct. 11481 (Connecticut Superior Court, 1995)
Bristol Resource Recovery Fac. v. Bristol, No. Cv 92 0453461 (Jun. 30, 1995)
1995 Conn. Super. Ct. 6350 (Connecticut Superior Court, 1995)
Honan v. Greene
655 A.2d 274 (Connecticut Appellate Court, 1995)
Bouthot v. James, No. 0115096 (May 20, 1994)
1994 Conn. Super. Ct. 5426 (Connecticut Superior Court, 1994)
Dsupin v. Town of Wallingford, No. Cv91-311037 (May 27, 1993)
1993 Conn. Super. Ct. 5169 (Connecticut Superior Court, 1993)
Sciortino v. Plan. Zon. Com., Trumbull, No. Cv90-276984s (Oct. 7, 1991)
1991 Conn. Super. Ct. 8547 (Connecticut Superior Court, 1991)
Lovato v. City of Albuquerque
742 P.2d 499 (New Mexico Supreme Court, 1987)
R.A. Civitello Co. v. City of New Haven
504 A.2d 542 (Connecticut Appellate Court, 1986)
Meredith v. Police Commission
481 A.2d 94 (Connecticut Appellate Court, 1984)
Petrovich v. New Canaan Board of Education
457 A.2d 315 (Supreme Court of Connecticut, 1983)