Lilly v. Vermont Headmasters Ass'n

648 A.2d 810, 160 Vt. 603, 1993 Vt. LEXIS 152
CourtSupreme Court of Vermont
DecidedJanuary 28, 1993
DocketNo. 92-662
StatusPublished
Cited by2 cases

This text of 648 A.2d 810 (Lilly v. Vermont Headmasters Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lilly v. Vermont Headmasters Ass'n, 648 A.2d 810, 160 Vt. 603, 1993 Vt. LEXIS 152 (Vt. 1993).

Opinion

Vermont Headmasters Association (VHA) appeals an order of the Windham Superior Court that enjoined the VHA’s decision to deny appellee Jacob Lilly’s eligibility to play ice hockey in VHA-sanctioned events. The court’s order rejected the VHA’s interpretation of its own eligibility rules. We reverse.

Appellee is in his senior year at Brattleboro High School. He spent his first three years of high school in the United States, and then spent a year as an exchange student in Finland. There he lived with a family and attended school “as a regular class member,” but' chose not to receive academic credit for the school year. While in Finland, Lilly played ice hockey on an organized team that had a comparable game season to that of the teams authorized by the VHA. Lilly then returned to complete his final year of high school in Brattleboro, and there he began preparing to participate as a member of the newly formed Brattleboro ice hockey team.

Prior to the start of the hockey season, Lilly was advised that he would be ineligible to participate on the team because the VHA prohibited participation by students who have already completed “four (4) consecutive years or eight (8) semesters” of high school. Lilly appealed to [604]*604the Activities Standards Committee of the VHA, which denied his request for a waiver of the rules because it found the year abroad to have been a result of Lilly’s voluntary choice and not an interruption of study due to hardship. Lilly appealed to the VHA Board of Appeals, which heard the appeal and issued its decision on December 21,1992 detailing its reasons for denying it.

Lilly requested preliminary and permanent injunctive relief from the Windham Superior Court on December 23, 1992. The matter was heard the following day, and on December 28, 1992, injunctive relief was granted in favor of Lilly on the ground that the VHA had misinterpreted its own rule. The VHA requested a stay of the court’s order from this Court, which granted a temporary stay until a decision was reached on the merits. To that end, the matter was heard on the merits by this Court on January 13, 1993.

The present appeal turns on the determination of whether the VHA has the final say as to the interpretation of its own rules, or if the court is authorized to override the VHA in interpreting a rule in a manner contrary to that expressly stated by the VHA itself.

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Related

In Re Central Vermont Medical Center
816 A.2d 531 (Supreme Court of Vermont, 2002)

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Bluebook (online)
648 A.2d 810, 160 Vt. 603, 1993 Vt. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lilly-v-vermont-headmasters-assn-vt-1993.