406 P.3d 551
N.M. Ct. App.2017Background
- Plaintiffs were students enrolled in Doña Ana Community College’s 2012 associate nursing program; college materials represented the program was nationally accredited by the National League of Nursing Accrediting Commission.
- Before Plaintiffs completed the program, the college lost that Commission accreditation.
- Plaintiffs sued the Board of Regents/NMSU (Defendant) asserting, among other claims, breach of contract based on the enrollment offer letter, the student handbook (which referenced accreditation), and a signed handbook acknowledgment.
- Defendant moved for summary judgment invoking governmental immunity under NMSA 1978, Section 37-1-23(A), which waives immunity only for actions based on a "valid written contract."
- The district court denied summary judgment; the Court of Appeals granted a writ of error to review whether Plaintiffs relied on a valid written contract that waived immunity.
- The Court of Appeals held the documents did not constitute a valid written contract obligating Defendant to provide a nationally accredited education and reversed, directing entry of summary judgment for Defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiffs relied on a "valid written contract" under Section 37-1-23(A) that waived governmental immunity | The offer letter, handbook language stating accreditation, and the signed handbook acknowledgment together formed a written contract (or an implied contract) obligating the college to provide a nationally accredited nursing education | The writings are non‑promissory, insufficiently definite, and do not establish a contract obligating Defendant to obtain/maintain national accreditation; thus immunity applies | The documents (offer letter, handbook, acknowledgment) are not a valid written contract nor do they create an implied contract sufficient to waive immunity; summary judgment for Defendant mandated |
Key Cases Cited
- Garcia v. Middle Rio Grande Conservancy Dist., 918 P.2d 7 (N.M. 1996) (personnel policy created implied employment contract in that factual context)
- Espinoza v. Town of Taos, 905 P.2d 718 (N.M. 1995) (registration/application did not create contractual undertaking to assume liability—writing ensured space in program only)
- Ruegsegger v. Bd. of Regents of W. N.M. Univ., 154 P.3d 681 (N.M. Ct. App. 2007) (student handbook and scholarship agreements did not create enforceable contractual duties for post‑assault investigations/support)
- Campos de Suenos, Ltd. v. County of Bernalillo, 28 P.3d 1104 (N.M. Ct. App. 2001) (refused to extend Garcia beyond employment context; warned against "cobbling together" writings to create a contract)
- Hydro Conduit Corp. v. Kemble, 793 P.2d 855 (N.M. 1990) (Section 37-1-23(A) reflects policy to protect public purse; parties must rely on valid written contracts to recover from government)