State v. Howard
2011 ND 117
| N.D. | 2011Background
- Godon entered a teaching contract with Kindred Public School District for the 2008-2009 school year, governed by both the teaching contract and a professional negotiation agreement.
- The agreement provided two days of personal leave for teachers with 0-7 years experience; it did not expressly address unpaid leave, though Godon requested Greece travel and was granted unpaid leave with pay adjustments.
- In March 2009, flood cancellations led the District to treat the period as in-session for funding purposes; four teachers granted leave had their pay adjusted accordingly, including Godon.
- Godon did not work March 23–27, 2009; the District deducted four days as unpaid leave and applied one day of personal leave to March 23, while crediting March 20 as a make-up day.
- Godon sued in district court for breach of contract and equal protection; the District moved for summary judgment, contending the Greece leave amended the contract and equal protection was satisfied.
- The district court granted summary judgment for the District, holding the Greece travel leave amended the contract with consideration, and that treatment of Godon was not violative of equal protection; Godon appealed and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greece-leave granted amended the contract | Godon argues the contract was not amended by Greece-leave. | Kindred contends the Greece leave constitutes an amended contract supported by consideration. | Yes; contract amended by Greece-leave with consideration. |
| Whether flood-cancellation purposes frustrated contract | Godon asserts frustration of purpose due to flood cancellation. | District contends no breach since the contract was amended and performance honored. | Frustration not established; no contract breach. |
| Whether equal protection class-of-one claim applies | Godon claims class-of-one protection extends to public employees and was violated by different treatment. | District treated Godon the same as other teachers granted leave during flood cancellation. | No merit; class-of-one not applicable or not shown arbitrary. |
Key Cases Cited
- WFND, LLC v. Fargo Marc, LLC, 2007 ND 67 (2007) (breach elements; burden of proof; contract performance)
- Farmers Alliance Mut. Ins. Co. v. Hulstrand Constr., Inc., 2001 ND 145 (2001) (alteration of contract requires new or additional consideration)
- Gulden v. Sloan, 311 N.W.2d 568 (ND 1981) (consideration includes benefits or detriments)
- Williston Education Assoc. v. Williston Pub. Sch. Dist. No. 1, 483 N.W.2d 567 (ND 1992) (statutory interpretation rules apply to teacher contracts)
- Peterson v. North Dakota University System, 2004 ND 82 (ND 2004) (contract interpretation; law governs written contracts)
- Red River Wings, Inc. v. Hoot, Inc., 2008 ND 117 (ND 2008) (frustration of purpose defined)
- Enquist v. Oregon Dep’t of Agriculture, 553 U.S. 591 (U.S. 2008) (class-of-one protection not extending to public employees under US Constitution)