Sterner v. Saugatuck Harbor Yacht Club, Inc.

450 A.2d 369, 188 Conn. 531, 1982 Conn. LEXIS 611
CourtSupreme Court of Connecticut
DecidedSeptember 28, 1982
StatusPublished
Cited by31 cases

This text of 450 A.2d 369 (Sterner v. Saugatuck Harbor Yacht Club, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sterner v. Saugatuck Harbor Yacht Club, Inc., 450 A.2d 369, 188 Conn. 531, 1982 Conn. LEXIS 611 (Colo. 1982).

Opinions

Speziale, C. J.

In this action, the plaintiff, Anders R. Sterner, seeks reinstatement as a member in the defendant Saugatuck Harbor Yacht Club, [532]*532Inc. The plaintiff had been expelled by the defendant as a result of the following incident: At 6:30 one morning, the plaintiff left his sloop and walked along the dock of his yacht club toward shore, to shower at the club and then to catch the morning train to his New York law office. When he reached the ramp connecting the dock to the shore, he stopped because a truck parked on the ramp blocked his way. He asked the owner of the truck, Hunter Muller, if he would move his truck. Hunter Muller was a junior member of the club and the son of Prank Muller, a member of the board of governors of the club. Getting no action, the plaintiff climbed over the truck, stepping in the bed of the truck, on the cab, the hood, and thence to shore. Hunter Muller protested and later made a claim for damage to his truck; the plaintiff offered a lesser amount in settlement. The dispute was not resolved. The board of governors of the club, acting on its own motion in response to news of this incident, notified the plaintiff to appear and be heard on whether his actions constituted conduct detrimental to the welfare, interest or character of the club within the meaning of the bylaws1 warranting sanction2 by the board. The plaintiff made a countercharge under the bylaws3 against the Mullers.

[533]*533At a meeting attended by the plaintiff, Hunter Muller, by fourteen governors (Frank Muller was present but recused himself) and by various character witnesses, the board of governors considered the conduct of the members. Deliberating in executive session, the board (1) dismissed the plaintiff’s countercharge against the Mullers, concluding that their conduct did not constitute “conduct injurious to the character or welfare of the Club”; (2) found that the plaintiff’s conduct did constitute conduct “detrimental to the welfare, interest or character of the Club”; and (3) voted to expel the plaintiff from the club. The plaintiff instituted the present proceeding to challenge the board’s action, seeking, inter alia, a writ of mandamus and other relief to order reinstatement. The trial court held that mandamus does not lie for reinstatement of a member in a private club, and denied the plaintiff’s application for relief. From that judgment the plaintiff has appealed. We conclude that the trial court erred because the plaintiff is entitled to injunctive relief.

“ ‘The 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.’ Lahiff v. St. Joseph’s Total Abstinence [and Benevolent] Soc., 76 Conn. 648, 651, 57 A. 692 [1904]. Mandamus neither gives nor defines rights which one does not already have. It commands the performance of a duty. It acts upon the request of one who has a complete and [534]*534immediate legal right; it cannot and does not act upon a doubtful and contested right. It is an expeditious remedy to protect a clear legal right. Boyko v. Weiss, 147 Conn. 183, 186, 158 A.2d 253 [1960]. ‘The essential conditions without which the writ will not be issued to enforce the performance of a ministerial duty are: (1) that the party against whom the writ is sought must be under an obligation imposed by law to perform some such duty, that is, a duty in respect to the performance of which he may not exercise any discretion; (2) that the party applying for the writ has a clear legal right to have the duty performed; and (3) that there is no other sufficient remedy.’ Bassett v. Atwater, 65 Conn. 355, 360, 32 A. 937 [1895].” Milford Education Assn. v. Board of Education, 167 Conn. 513, 518, 356 A.2d 109 (1975).

The writ of mandamus that the plaintiff seeks has been recognized by our decisions. In Lahiff v. St. Joseph’s Total Abstinence and Benevolent Society, supra, 652, the court noted that mandamus “is often an appropriate remedy for the reinstatement of a member of an incorporated benevolent or social society, who has been unlawfully and unreasonably deprived of the enjoyment of the rights and privileges of membership in such societies. . . . Such associations, although private corporations, are chartered by the State, and enjoy privileges and exercise powers expressly granted by the State, and for that reason the duties devolving upon them are regarded as of a public character, the performance of which may properly be compelled by writ of mandamus.” See also Bassett v. Atwater, 65 Conn. 355, 32 A. 937 (1895); cf. General Statutes § 52-487. But for mandamus to lie, the plaintiff must have no other adequate remedy. 3 Blackstone, [535]*535Commentaries *110; High, Extraordinary Legal Remedies (1874) §§ 277, 283, 289; II Stephenson, Conn. Civ. Proc. § 261.

Although traditionally mandamus lay where there was no adequate remedy at law; see, e.g., Bassett v. Atwater, supra, 363-64; our present rule is that “mandamus will not lie where the aggrieved party has an adequate remedy either at law or in equity. Milford Education Assn. v. Board of Education, supra, 519; State ex rel. Howard v. Hartford Street Ry. Co., 76 Conn. 174, 184, 56 A. 506 (1903).” (Emphasis added.) Monroe v. Middlebury Conservation Commission, 187 Conn. 476, 480, 447 A.2d 1 (1982). This is such a case because the plaintiff has an adequate remedy in equity.

The defendant, as a nonstock corporation, has those powers permitted by the nonstock corporation statutes, its certificate of incorporation, and its bylaws. Where the corporation acts in excess of those powers, those acts may be enjoined by a member of the corporation. General Statutes § 33-429; see Cross v. Midtown Club, Inc., 33 Conn. Sup. 150, 365 A.2d 1227 (1976). General Statutes § 33-459 (a), concerning nonstock corporations, requires that “ [m] embership shall be governed by such rules of admission, retention, withdrawal and expulsion as the by-laws shall prescribe, provided all such by-laws shall be reasonable, germane to the purpose of the corporation and equally enforced as to all members.” (Emphasis added.) The provision “adopts common law standards of fair play and forms the basis for bylaws to be challenged by a member where they are not reasonable . . . .” (Footnote omitted.) Cross, Corporation Law in Connecticut (1972) p. 233; see Loubat v. Le Roy, 47 N.Y. Sup. Ct. (40 Hun.) 546 (1886).

[536]*536The defendant has provided for expulsion of members in its bylaws. The ground for expulsion, conduct “detrimental to the welfare, interest or character of the Club,” although susceptible of a range of application, may not be given unreasonable application. For example, the trial court posed the following hypothetical conduct to . the defendant: “Suppose Mr. Sterner went walking along one of these ramps [docks] one day with yellow shoes on, and somebody spied him and said, ‘that’s detrimental to the interests of the club.

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Bluebook (online)
450 A.2d 369, 188 Conn. 531, 1982 Conn. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterner-v-saugatuck-harbor-yacht-club-inc-conn-1982.