Fails v. Jefferson Davis County Public School Board
2012 Miss. LEXIS 260
| Miss. | 2012Background
- In 2003, Mark and Laura Fails sought permission for their daughter Courtney to transfer from Jefferson Davis County to Lamar County, with consent from both districts; Courtney began attending Lamar.”
- In 2007, Jefferson Davis County declared a state of emergency and appointed an interim conservator who adopted a policy prohibiting transfers from Jefferson Davis County to other districts.
- In 2008, the district announced that all existing transfers were revoked; conservator Swan prevented the School Board from voting on Courtney’s transfer petition.
- By late 2008 the Failses moved to Lamar County and Courtney continued attending Lamar County Schools; the circuit court and the Mississippi Court of Appeals upheld the revocation.
- The Mississippi Supreme Court held the appeal moot because the Failses had established Lamar County residency prior to filing suit, and dismissed the case, vacating lower court decisions.
- The dissent argues mootness exceptions apply and would have decided the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of the conservator to block voting | Fails contends conservator had no statutory power to block votes on transfer policy | Swan argued conservator had broad authority to manage district affairs | Conservator had no authority to block board voting on transfers |
| unilateral revocation of a transfer | Transfer petition was final and could not be revoked by one party | Board/conservator could revoke transfers under policy | A transfer, once granted, is final and cannot be unilaterally revoked |
| Mootness of the case | Residency relocation did not moot Courtney’s transfer rights | Relocation to Lamar County made the dispute moot | Case dismissed as moot; no live controversy remaining |
| Finality of grant/denial under Miss. Code Ann. § 37-15-31 | Grant/denial is final and irrevocable; no authority to revoke | Transfer decisions could be revisited under governing statute | Grant/deny decisions are final and cannot be unilaterally revoked |
Key Cases Cited
- Board of Trustees of Pascagoula Mun. Sch. Dist. v. Doe, 508 So.2d 1081 (Miss.1987) (public-interest and mootness considerations in education cases)
- Mississippi High Sch. Activities Ass’n, Inc. v. Coleman, 631 So.2d 768 (Miss.1994) (expanded mootness exceptions for public-interest and repetition)
- Sartin v. Barlow, 196 Miss. 159, 16 So.2d 372 (Miss.1944) (public-interest mootness and repetition exceptions in elections context)
- Doe v. Board of Trustees of Pascagoula Mun. Sch. Dist., Doe, 508 So.2d 1081 (Miss.1987) (mootness and public-interest considerations in school district decisions)
- Gartrell v. Gartrell, 936 So.2d 915 (Miss.2006) (mootness doctrine and actual controversy requirements)
- Allred v. Webb, 641 So.2d 1218 (Miss.1994) (lack of actual controversy when moot)
- McDaniel v. Hurt, 92 Miss. 197, 41 So. 381 (Miss.1907) (early mootness principles in Mississippi)
- Strong v. Bostick, 420 So.2d 1356 (Miss.1982) (public-interest considerations in mootness)
- Humble Oil & Refining Co. v. State, 206 Miss. 847, 41 So.2d 26 (Miss.1949) (contracting vs. post-term binding obligations in public contracts)