Moeti v. Clark Atlanta University, S07A0541.

Decision Date11 June 2007
Docket NumberNo. S07A0541.,S07A0541.
PartiesMOETI et al. v. CLARK ATLANTA UNIVERSITY, INC., et al.
CourtGeorgia Supreme Court

Gina Smith Mangham, Morriss, Lober & Dobson, LLC, Lithonia, for Appellants.

Burton F. Dodd, Karen Winett Neely, Fisher & Phillips, LLP, Atlanta, for Appellees.

SEARS, Chief Justice.

The appellants, who are engineering students and faculty in the engineering program of the appellee, Clark Atlanta University, appeal from the trial court's dismissal of their sole claim for injunctive relief to stop the university from closing the engineering program in 2008. For the reasons that follow, we affirm.

1. In Miller v. Alderhold,1 this Court ruled that students may not enjoin "the operation and management of [a private] college." Other courts have reached a similar conclusion, holding that, even if a school at a university is in danger of failing, the students' remedy is not to interfere in the control of the university, but is, instead, to seek damages for any individual harm they allege they have suffered.2 We conclude that this same rule should apply to the faculty-appellants, and thus conclude that the trial court did not err in dismissing the appellants' claim for injunctive relief.

2. Finally, we conclude that the trial court did not err in ruling that the appellants' claim against appellee Baranco was barred by the statute of limitations.3

Judgment affirmed.

All the Justices concur.

To continue reading

Request your trial
7 cases
  • Wilson v. Clark Atlanta Univ., Inc.
    • United States
    • Georgia Court of Appeals
    • 17 Noviembre 2016
    ...of the university, but is, instead, to seek damages for any individual harm they allege they have suffered." Moeti v. Clark Atlanta Univ. , 282 Ga. 164 (1), 646 S.E.2d 265 (2007) (students and faculty may not enjoin operation and management of private college). See also Miller v. Alderhold ......
  • Board of Regents v. Canas
    • United States
    • Georgia Court of Appeals
    • 12 Enero 2009
    ... ... 295 Ga. App. 505 ... BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA ... CANAS et al ... No. A09A0411 ... Robert Persons, Atlanta, Hull, Towill, Norman, Barrett & Salley, James S.V. Weston, ... ...
  • Jarvis v. Jarvis
    • United States
    • Georgia Supreme Court
    • 29 Octubre 2012
  • Brooks v. Brown
    • United States
    • Georgia Supreme Court
    • 11 Junio 2007
    ... ...         Gary Paul Bunch, Gary Bunch, P.C., Atlanta, for Appellant ...         David Augustus Basil, ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT