Brenny v. Board of Regents of the University of Minnesota
2012 Minn. App. LEXIS 42
| Minn. Ct. App. | 2012Background
- Brenny, former associate head coach of the University of Minnesota women’s golf team, sues the university and Harris for tortious interference with contract after not renewing her contract and reassigning her.
- Harris, newly hired director of golf, recruited Brenny for the position and offered a 12-month contract with a base salary of $44,000, with nondisclosure of just-cause related to non-renewal.
- Brenny alleged Harris harbored homophobic hostility, restricting her from travel, meetings, and instruction, and reassigning duties with Rose serving as instructor.
- After complaints to senior athletic directors, Brenny’s duties were curtailed through a new job description, reducing control over the team and increasing administrative tasks.
- In October 2010 Brenny was offered a sales position and severance; she initially accepted but later rejected, believing she had been constructively discharged.
- The district court dismissed some statutory claims but denied dismissal of the tortious-interference claim; it held the university reviewable solely by certiorari and thus lacking jurisdiction over the tort claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court lacked jurisdiction over Brenny’s tortious-interference claim | Brenny argues the claim is not solely a termination action and should be non-certiorari review. | Harris asserts the claim is intertwined with a university employment decision and must be reviewed only by certiorari. | Yes; the district court lacked jurisdiction and must dismiss the tortious-interference claim. |
Key Cases Cited
- Willis v. County of Sherburne, 555 N.W.2d 277 (Minn. 1996) (separates defamation from employment decisions for certiorari review)
- Williams v. Bd. of Regents of Univ. of Minn., 763 N.W.2d 646 (Minn. App. 2009) (negligent-misrepresentation not tying to internal hiring procedure can be reviewed; certiorari otherwise)
- Grundtner v. Univ. of Minn., 730 N.W.2d 324 (Minn. App. 2007) (defamation and interference claims tied to termination preclude district-court review)
- Nordling v. N. States Power Co., 478 N.W.2d 498 (Minn. 1991) (malice and personal ill-will can affect tort liability but not isolate from employment review)
- Bailey v. Univ. of Minn., 187 N.W.2d 702 (Minn. 1971) (university autonomy and deference in review)
- Bd. of Regents of Univ. of Minn. v. Reid, 522 N.W.2d 344 (Minn. App. 1994) (governing board review and judicial interference limits)