Mississippi High School Activities Ass'n v. Coleman ex rel. Laymon

631 So. 2d 768, 1994 Miss. LEXIS 32
CourtMississippi Supreme Court
DecidedJanuary 27, 1994
DocketNo. 91-CA-0486
StatusPublished
Cited by37 cases

This text of 631 So. 2d 768 (Mississippi High School Activities Ass'n v. Coleman ex rel. Laymon) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi High School Activities Ass'n v. Coleman ex rel. Laymon, 631 So. 2d 768, 1994 Miss. LEXIS 32 (Mich. 1994).

Opinion

PRATHER, Presiding Justice,

for the court:

I. INTRODUCTION

This appeal from a permanent injunction arose from the April 11, 1991, order of the Chancery Court of Hinds County, Mississippi, in favor of high-school student Kiese Lay-mon through his mother, Mary Coleman, and the Most Reverend William Houck, Bishop of the Diocese of Jackson, Mississippi, interve-nor. The appellant, the Mississippi High School Athletic Association, Inc.1, timely filed a notice of appeal.

II. FACTS AND PROCEDURAL HISTORY

Kiese Laymon and his mother, Mary Coleman, moved from Jackson, Mississippi, to the state of Maryland, where Laymon attended a Catholic school for the 1989-90 school year and participated in interscholastic basketball. In August 1990, Laymon and Coleman returned to Mississippi and Laymon enrolled in St. Joseph High School, the school he had attended before his move to Maryland, which is located in the Jackson Municipal Separate School District. However, Coleman and Laymon established a residence in Brandon, where Coleman bought a house. The Cole[772]*772man/Laymon home is not located in the Jackson Municipal Separate School District.

Laymon began to practice with the St. Joseph basketball team, but was informed by St. Joseph officials that he was ineligible to participate in interscholastic sports during the 1990-91 school year by virtue of the Mississippi High School Athletic Association’s anti-recruiting rule. This rule requires that a participant in interscholastic activities attend a school in the school district of which his parents or guardian are bona fide residents.

On November 6, 1990, Mary Coleman filed suit on behalf of her son against the Mississippi High School Activities Association, Inc. (the Association). Coleman alleged that, as a result of Laymon’s being denied eligibility to play in a St. Joseph’s High School basketball game on November 6, 1990, her son would suffer immediate and irreparable injury or loss. She alleged that the Association’s eligibility rules regarding residence had no rational basis for parochial school students. The chancellor issued a temporary restraining order, ordering the Association to allow Laymon to play in that day’s game “and other basketball games.”

The Association denied having taken any action on Laymon’s right to participate in games. The Association claimed no awareness of Laymon’s interests until the Association received the TRO, which had been issued without notice. Further, the Association claimed Laymon’s residence did indeed disqualify him from participating in St. Joseph’s interscholastic activities.

Following an evidentiary hearing, the chancellor granted Coleman’s petition for a preliminary injunction and ordered that Lay-mon be allowed to play 1990-91 varsity basketball for St. Joseph High School.

The Most Reverend William R. Houck, Bishop of the Catholic Diocese of Jackson, moved to intervene based on the Diocese’s interests in the extracurricular activities of its students. The court granted the motion.

After another hearing, the court issued its final memorandum opinion and order, granting declaratory relief and a permanent injunction against enforcement of the Association’s anti-recruiting rule “as it applies to Kiese and students similarily [sic] situated.” The chancellor further held: “The rule in its application in this instance injures the innocent ... [T]he rule is arbitrary, capricious and overbroad and does not make any exception for such cases as Kiese.”

The Association appealed, raising the following issues:

A. Whether the trial court erred in granting the TRO;
B. Whether the trial court erred in granting the preliminarg injunction;
C. Whether the trial court erred in sustaining objection to the Association’s inquirg of Marg Coleman as to the amount of down payment made by her on the purchase price of her home in Brandon, Mississippi; and
D. Whether the trial court erred in granting the permanent injunction and declaratory relief.

III. JUSTICIABILITY OF MOOT QUESTIONS

At this stage of the game, whether the chancellor should have granted the TRO and the preliminary and permanent injunctions to allow Laymon to participate in interscholastic athletic competitions for the 1990-91 school year at St. Joseph High School is clearly a moot question as to Laymon. This Court has said it will not adjudicate moot issues. Jackson County School Board v. Osborn, 605 So.2d 731, 734-35 (1992) (citing Miss. Assoc. of Educators v. Trustees of Jackson Mun. Separate School District, 510 So.2d 123, 126 (1987)). However, the doctrine which prevents adjudication of moot cases provides an exception for those cases which are capable of repetition yet evading review. Strong v. Bostick, 420 So.2d 1356, 1359 (Miss.1982). In Strong, this Court first adopted this exception and noted that it is limited to situations where' (1) the action complained of is too short in duration to be fully litigated before its expiration and “(2) [t]here [is] a reasonable expectation that the same complaining party [will] be subject to the same action again.” Strong, 420 So.2d at 1359 (quoting Weinstein v. Bradford, 423 [773]*773U.S. 147, 149, 96 S.Ct. 347, 349, 46 L.Ed.2d 350 (1975)).

Subsequent to Strong, this Court has set forth only the first prong, as though it were two separate prerequisites to be met before the exception may be applied, to wit: (1) the duration of the challenged action must have been short and (2) the time required to complete an appeal is lengthy.2 M.A.C. v. Harrison County Family Court, 566 So.2d 472, 474 (Miss.1990).

In Pascagoula School District v. Doe, 508 So.2d 1081, 1084 (Miss.1987), this Court simply found the case not moot, without a discussion of whether the same party would be subject to the same action again. In Doe, although the student had completed the school year, appeal of his expulsion was not moot because of the likelihood that the act complained of would be repeated. Doe also cites Strong for the “too short in duration to be fully litigated” prerequisites.

In C & D Investment Co. v. Gulf Transport Co., 526 So.2d 526, 528 (Miss.1988), this Court stated that, where relief other than an injunction has been requested, a case is moot so long as “a judgment on the merits, if rendered, would be of no practical benefit to the plaintiff or detriment to the defendant.”

The Fifth Circuit has found that a one year athletic ineligibility rule satisfies the “too short in duration to be fully litigated” test. Walsh v. Louisiana High School Athletic Ass’n, 616 F.2d 152, 157 (5th Cir.1980), cert. denied, 449 U.S. 1124, 101 S.Ct. 939, 67 L.Ed.2d 109 (1981). This Court agrees. Therefore, following the test set forth in M.AC., this Court may properly adjudicate the instant ease. Pursuant to Doe, this Court finds the case sub judice not moot' because of the likelihood that the challenged action will be repeated. As stated in Doe, “ ‘[j]udicial review invariably takes more than nine months to complete.’ ” Doe, 508 So.2d at 1084 (quoting

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Bluebook (online)
631 So. 2d 768, 1994 Miss. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-high-school-activities-assn-v-coleman-ex-rel-laymon-miss-1994.