Manila School District No. 15 v. Wagner

148 S.W.3d 244, 356 Ark. 149
CourtSupreme Court of Arkansas
DecidedFebruary 19, 2004
Docket03-755
StatusPublished
Cited by7 cases

This text of 148 S.W.3d 244 (Manila School District No. 15 v. Wagner) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manila School District No. 15 v. Wagner, 148 S.W.3d 244, 356 Ark. 149 (Ark. 2004).

Opinion

Donald L. Corbin, Justice.

This is an interlocutory appeal from an order of the Mississippi County Circuit Court granting a preliminary injunction prohibiting Appellant Manila School District No. 15 (the District) from hiring a new school superintendent. The injunction was issued by the trial court on the motion of Appellee Charolette Wagner, who has filed a wrongful-termination suit against the District and its school board, as well as the board’s current and former members. For reversal, the District argues that the trial court erred in finding (1) that Appellee would suffer irreparable harm if the injunction was not issued, and (2) that there was a substantial likelihood that Appellee would succeed on the merits of her suit. The District also argues that the trial judge was biased against it in issuing the injunction. This interlocutory appeal was certified to us from the Arkansas Court of Appeals, pursuant to Ark. Sup. Ct. R. 1 — 2(d). We reverse.

The facts as alleged in the complaint are as follows. In December 2000, school superintendent Roland Wells announced that he was retiring. Appellee was subsequently hired by the District to replace Wells. At the time of her hiring, Appellee was not certified by the Arkansas Department of Education as a superintendent. As a condition of her hiring, the District required Appellee to take the necessary college courses to obtain her certification.

A written contract was entered into between the parties on May 14, 2001, which provided for Appellee’s employment as superintendent for the period of July 1, 2001, to June 30, 2002. The contract provided for an annual salary of $64,000.00. The contract also incorporated the requirement that Appellee make satisfactory progress toward obtaining superintendent certification and that she provide documentation denoting her progress. An addendum was added to Appellee’s contract on February 18, 2002, increasing her annual salary to $65,333.30. Appellee’s contract was renewed in a contract entered on May 3, 2002, which provided for her employment as superintendent from July 1, 2002, through June 30 2003, at an annual salary of $65,333.30.

Appellee alleged in her complaint that she obtained her superintendent certification prior to the end of the 2003 school year. Notwithstanding, on January 13, 2003, the majority of the District’s school board voted not to renew her contract for the 2003-2004 school year. As a result of the board’s decision, Appellee filed suit against the District and its board for wrongful termination, alleging the theories of promissory estoppel and detrimental reliance. She claimed that she had relied on oral promises made by some of the board members that if she completed her certification, she could continue as superintendent, with an increased salary and benefits.

In her complaint, Appellee sought an ex parte restraining order, enjoining the District from hiring a replacement superintendent until a full hearing could be conducted by the trial court. She also requested a second, permanent injunction requiring the District to continue her employment as superintendent for another contract period at an increased salary and benefits. Alternatively, Appellee requested that she be awarded money damages for the loss of her salary and benefits, plus reimbursement for the expenses she had incurred in obtaining her superintendent certification.

The same date that Appellee’s complaint was filed, March 7, 2003, the trial court entered an ex parte order enjoining the District from hiring a new superintendent until a hearing could be held. The order reflected the trial court’s conclusion that “irreparable harm and damage will result” to Appellee unless the injunction was granted immediately.

Before a hearing could be held on the injunction, Appellee filed an amended complaint, adding a claim under the Arkansas Civil Rights Act of 1993, Ark. Code Ann. §§ 16-123-101 to -108 (Supp. 2003). Specifically, she asserted that the District had discriminated against her because of her gender. The crux of her claim was that her predecessor had been a male who had been paid more than she had. She also based her claim on comments from a school board member, taken in a deposition after this litigation began, in which he indicated that it might be better for the superintendent to be a man. Appellee also alleged that the District had retaliated against her, in violation of her civil rights, because she had filed this lawsuit. As evidence of retaliation, Appellee alleged that two board members had indicated in their depositions that they could not support her as superintendent because she had proceeded with this lawsuit. As with the original complaint, Appellee sought relief in the form of an injunction requiring the District to continue her employment as superintendent for another contract period, with an increase in salary and benefits, and, alternatively, money damages for the loss of salary and benefits, plus expenses she incurred in obtaining her superintendent certification.

The trial court held a hearing on June 2, 2003, to determine whether to extend the ex parte injunction. Following testimony and arguments of counsel, the trial court entered an order continuing the injunction until the merits of Appellee’s lawsuit could be resolved. The order reflected that Appellee had “established a substantial likelihood of success” on the merits of her suit, and that she had “established irreparable harm.” The order specifically enjoined the District from hiring anyone to replace Appellee as superintendent. The order also provided that, aside from advertising for the position and interviewing prospective candidates, the District could take no action that would in any way undermine Appellee’s authority as superintendent or disparage her in the performance of her duties. This interlocutory appeal followed.

We note at the outset that the issuance of a preliminary injunction is a matter addressed to the sound discretion of the trial court, and we will not reverse absent an abuse of that discretion. AJ & K Operating Co., Inc. v. Smith, 355 Ark. 510, 140 S.W.3d 475 (2004); Custom Microsystems, Inc. v. Blake, 344 Ark. 536, 42 S.W.3d 453 (2001). In determining whether to issue a preliminary injunction, two factors must be considered: (1) whether irreparable harm will result in the absence of an injunction, and (2) whether the moving party has demonstrated a likelihood of success on the merits. Id. Of these two factors, this court has held that irreparable harm is “the touchstone of injunctive relief.” United Food and Commercial Workers Int’l Union v. Wal-Mart Stores, Inc., 353 Ark. 902, 906, 120 S.W.3d 89, 92 (2003) (citing Wilson v. Pulaski Ass’n of Classroom Teachers, 330 Ark. 298, 954 S.W.2d 221 (1997) (holding that the prospect of irreparable harm is the foundation of the power to issue injunctive relief)). Harm is normally only considered irreparable when it cannot be adequately compensated by money damages or redressed in a court oflaw. AJ & K Operating Co., 355 Ark. 510, 140 S.W.3d 475

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Bluebook (online)
148 S.W.3d 244, 356 Ark. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manila-school-district-no-15-v-wagner-ark-2004.