Board of Regents of Murray State University v. Curris

Citation620 S.W.2d 322
Decision Date03 July 1981
Docket NumberNo. 81-CA-712-I,81-CA-712-I
PartiesBOARD OF REGENTS OF MURRAY STATE UNIVERSITY; and M. Ronald Christopher; Jere McCuiston; Bill Morgan; Jerry Woodall; Steven L. West; and Terry Clark, Members of the Board of Regents of Murray State University, in both their Official and Individual Capacities, Movants, v. Dr. Constantine W. CURRIS, President of Murray State University, Respondent.
CourtCourt of Appeals of Kentucky

James O. Overby, Murray, for movants.

William A. Logan, Madisonville, Wm. Donald Overby, Murray, for respondent.

Before HAYES, C. J., and HOGGE and WILHOIT, JJ.

OPINION AND ORDER

HOGGE, Judge.

Movants seek relief pursuant to CR 65.07 from a Calloway Circuit Court judgment enjoining regents McCuiston, Morgan, West, and Clark from participating in their capacity as members of the Board of Regents of Murray State University in any hearing on those charges scheduled for hearing on March 28, 1981, against respondent. As set forth in Maupin v. Stansbury, Ky.App., 575 S.W.2d 695 (1978), a temporary injunction will be set aside on review only if the trial court abused its discretion. Because respondent failed to make a sufficient showing of irreparable injury below, an abuse of discretion occurred in this case, and the Court therefore ORDERS that the motion for CR 65.07 relief be, and it hereby is, GRANTED, and the injunction is hereby dissolved.

KRS 164.360 delineates the procedural and substantive requirements for a board of regents' removal of a university president. Those requirements include a hearing on preferred charges before the Board, which is indisputably an agency of the Commonwealth of Kentucky. Subject to limited exceptions, none of which are present in this case, exhaustion of administrative remedies must precede judicial review of an administrative agency's action. Thus, even though the court had subject-matter jurisdiction, proper judicial administration mandates judicial deference until after exhaustion of all viable remedies before the agency vested with primary jurisdiction over the matter. See, e. g., Preston v. Meigs, Ky., 464 S.W.2d 271 (1971).

The case of Pritchett v. Marshall, Ky., 375 S.W.2d 253 (1964), permits judicial review of alleged constitutional violations even if the statute does not provide for such review. Pritchett also discusses earlier judicial intervention if adequate relief could not be afforded following the agency proceedings. The circumstances presented in this case, however, are similar to those before the Court in Hart County Board of Education v. Broady, Ky.App....

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13 cases
  • Norton v. Perry, 2009-CA-002343-MR
    • United States
    • Kentucky Court of Appeals
    • January 11, 2013
    ...of all viable remedies before the agency vested with primary jurisdiction over the matter." Board of Regents of Murray State University v. Curris, 620 S.W.2d 322, 323 (Ky.App.1981). The doctrine does not preclude judicial review, but rather delays it until after the expert administrative bo......
  • Pearce v. Whitenack, 2013–CA–000669–MR.
    • United States
    • Kentucky Court of Appeals
    • August 8, 2014
    ... ... [would] not be addressed by the City or its Board of Commissioners. II. Trial Court Proceedings ... that has long been applied in this state. See generally Popplewell's Alligator Dock No ... Board of Regents of Murray State University v. Curris, 620 S.W.2d ... ...
  • Hildebrandt v. Hukill
    • United States
    • Kentucky Court of Appeals
    • May 10, 2019
    ... ... of Regents of Murray State Univ ... v ... Curris , 620 S.W.2d ... ...
  • Knoppe v. Lincoln Nat'l Life Ins. Co.
    • United States
    • U.S. District Court — Western District of Kentucky
    • January 9, 2020
    ... ... among Knoppe, who is a citizen of the state of Kentucky, and Lincoln, a citizen of the State ... (quoting Board of Regents of Murray State University v. Curris, ... ...
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