Cardinal Mooney High School v. Michigan High School Athletic Ass'n, Docket No. 87010

• Court: Supreme Court of Michigan
• Writing for the Court: MICHAEL F. CAVANAGH; MALLETT
• Citation: 467 N.W.2d 21,437 Mich. 75
• Decision Date: 18 March 1991
• Docket Number: Docket No. 87010
• Parties: , 66 Ed. Law Rep. 771 CARDINAL MOONEY HIGH SCHOOL, Patrick McClellan, D.O., Sandra McClellan and John McClellan, Individually, Plaintiffs-Appellees, v. MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, Defendant-Appellant.

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467 N.W.2d 21 437 Mich. 75, 66 Ed. Law Rep. 771 CARDINAL MOONEY HIGH SCHOOL, Patrick McClellan, D.O., Sandra
McClellan and John McClellan, Individually,
Plaintiffs-Appellees,
v.
MICHIGAN HIGH SCHOOL ATHLETIC ASSOCIATION, Defendant-Appellant. Docket No. 87010. Supreme Court of Michigan. Argued Dec. 5, 1990.
Decided March 18, 1991.

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[437 Mich. 76] Frederick B. Bellamy, Michael S. Cafferty, Bellamy & Gilchrist, P.C., Detroit, for plaintiffs-appellees.

Edmund J. Sikorski, Jr., Ann Arbor, for defendant-appellant.

Muraski & Sikorski, Anthony A. Muraski, Ann Arbor, Swanson, Midgley, Gangwere, Clarke & Kitchin, George H. Gangwere, Susan C. Langston, Kansas City, Mo., for National Federation of State High School Associations.

MICHAEL F. CAVANAGH, Chief Justice.

I. FACTS AND PROCEDURAL HISTORY

We address in this case the validity of Regulation V, Sec. 3(D) ("rule 3[D]"), of the Michigan High [437 Mich. 77] School Athletic Association ("MHSAA"), which provides as follows:

"If a student is ineligible according to MHSAA rules but is permitted to participate in interscholastic competition contrary to such MHSAA rules but in accordance with the terms of a court restraining order or injunction against his/her school and/or the MHSAA and said injunction is subsequently voluntarily vacated, stayed, reversed or [it is] finally determined by the courts that injunctive relief is not or was not justified, in any one or more of the following actions shall be taken against such school in the interest of restitution and fairness to the competing schools:

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"(1)--Require that individual or team records and performances achieved during participation by such ineligible student shall be vacated or stricken.

"(2)--Require that team victories shall be forfeited to opponent.

"(3)--Require that team or individual awards earned by such ineligible student be returned to the association."

This case arose when the MHSAA declared John McClellan, a senior at Cardinal Mooney High School during the 1987-88 school year, ineligible to participate in interscholastic athletics because he turned nineteen prior to September 1, 1987. McClellan had played interscholastic basketball as a nonstarter during the 1986-87 school year, and he desired to be on the team during 1987-88. In the fall of 1987, McClellan, who had previously been enrolled in a school for emotionally handicapped students, was evaluated by special education counselors, who determined that he would benefit from playing on the basketball team. McClellan, his parents, and Cardinal Mooney thereafter went to court to challenge the MHSAA's application of the age-eligibility rule to McClellan.

[437 Mich. 78] On November 18, 1987, the circuit court issued an ex parte temporary restraining order, extended by a second temporary restraining order entered on November 30, 1987, enjoining the MHSAA from enforcing the age-eligibility rule against McClellan and from penalizing McClellan or Cardinal Mooney for McClellan's participation. During the time the order was in effect, McClellan played in a number of basketball games, again as a nonstarter. It is undisputed that he did not contribute materially to any team victories. The circuit court ultimately ruled in favor of the MHSAA on the merits, finding that the age-eligibility rule was validly applied to McClellan. That ruling was not appealed and is no longer at issue in this case.

The circuit court provided in its final order that the MHSAA could not retrospectively penalize McClellan or Cardinal Mooney under rule 3(D) for McClellan's participation on the basketball team during the time the temporary restraining order was in effect. The Court of Appeals affirmed, holding that rule 3(D) is "arbitrary, unreasonable and unlawful," and that to enforce it against McClellan or Cardinal Mooney would "circumvent a valid court order," "punish the student and the school for exercising their right of access to the judicial system," and "render meaningless the circuit court's temporary restraining order." 179 Mich.App. 267, 274-275, 445 N.W.2d 483 (1989). The...