VanLoock v. Curran

• Decision Date: 04 April 1986
• Parties: 32 Ed. Law Rep. 1313 Joseph VANLOOCK, Gloria VanLoock, Scott VanLoock, Eric VanLoock, and Ryan VanLoock, Minors, who sue by their father and next friend, Joseph VanLoock v. Sister Rhoda CURRAN, Holy Family School, and Most Rev. Oscar H. Lipscomb, Archbishop of Mobile, a corporation. 84-955.
• Court: Alabama Supreme Court

Page 525

489 So.2d 525

32 Ed. Law Rep. 1313

Joseph VANLOOCK, Gloria VanLoock, Scott VanLoock, Eric VanLoock, and Ryan VanLoock, Minors, who sue by their father and next friend, Joseph VanLoock v. Sister Rhoda CURRAN, Holy Family School, and Most Rev. Oscar H. Lipscomb, Archbishop of Mobile, a corporation.

84-955.

Supreme Court of Alabama.

April 4, 1986.

Rehearing Denied May 23, 1986.

Thomas P. Doyle, Mobile, for appellants.

Benjamin H. Kilborn, Mobile, for appellees.

MADDOX, Justice.

This is an appeal from the dismissal of a complaint seeking declaratory relief, money damages for breach of contract, specific performance of the contract, and money damages for misrepresentation.

The following statement of facts is taken from plaintiffs' complaint: Plaintiffs Joseph and Gloria VanLoock and their three minor sons, Scott, Eric, and Ryan, are members of Holy Family Catholic Church in Mobile. In 1983-1984, Scott, Eric, and Ryan were enrolled in Holy Family School in the 6th, 5th, and 1st grades, respectively. The children had attended Holy Family School all of their school lives. All three boys were honor roll students. They completed the 1983-1984 school term in good standing and were promoted to the next grade.

Before the 1983-1984 school term was over, sometime in the spring of 1984, Mr. and Mrs. VanLoock pre-registered their sons for the 1984-1985 school term. The school's registration policy and procedure are discussed in the Holy Family Parent-Student Handbook:

"Registration and Fees. Registration is held in the Spring for the following year. Students currently enrolled in Holy Family are given the opportunity to pre-register before other pupils. Forms are sent home with the students who attend Holy Family. Registration is necessary for all pupils desiring to attend Holy Family the following year.

" * * *

"Registration fee is due by May 15. This fee covers the following expenses:

"Archdiocesan pupil tax

Library materials

Instructional materials (i.e. Scholastic Magazine)

"No family will be accepted for registration unless tuition is paid up to date."

Although the Parent-Student Handbook states elsewhere that "[t]uition may be paid in ten monthly payments, August through May," the VanLoocks had prepaid their sons' tuition for the remainder of the 1983-1984 school term. The children had no fees or dues of any kind outstanding with the school at the time they pre-registered. Holy Family School accepted the VanLoocks' tender of the children's pre-registration fees and deposited the fees in the school's general account.

On the last day of the 1983-1984 school term, however, the school principal, Sister Rhoda Curran, notified Mrs. VanLoock that the VanLoock children would not be allowed to return to Holy Family School for the 1984-1985 school term. Sister Rhoda returned the children's pre-registration fees and offered no explanation for the school's decision to not enroll Scott, Eric, and Ryan for the new school year.

The Parent-Student Handbook refers to a school grievance policy and states that "[p]arents who feel they have a grievance should contact the school board, pastor, or principal, for a copy of the grievance procedures, within ten (10) school days of the incident." The grievance procedure pamphlet sets out in detail the school's "process for reconciliation of grievances." In accordance with the procedures set forth in the pamphlet, the VanLoocks initiated grievance proceedings. A grievance hearing was held and the grievance board voted three to two to allow the VanLoock children to continue to attend Holy Family School. Pursuant to the school's grievance procedures, Sister Rhoda appealed the board's ruling to the superintendent of Mobile's Catholic schools. The superintendent overturned the grievance board's decision, and upheld Sister Rhoda's decision to disallow the VanLoock children the right to continue to attend the school.

The VanLoocks initiated the instant lawsuit against Holy Family School, Sister Rhoda Curran, and the Most Reverend Oscar H. Lipscomb, Archbishop of Mobile, a corporation, with the filing of a 49-page, 7-count complaint. Thirty-seven pages of the complaint consisted of exhibits which included copies of the Holy Family Parent-Student Handbook and the Process for Reconciliation of Grievances pamphlet. Counts I and II of the complaint requested declaratory relief and specific performance; counts III and IV requested monetary damages for breach of contract; and counts V, VI, and VII requested monetary damages for misrepresentation.

Defendants filed a motion to dismiss the complaint, alleging 39 separate grounds for dismissal. The trial court, without opinion, granted defendants' motion to dismiss. The VanLoocks appeal the dismissal of their lawsuit.

This Court's role in reviewing the propriety of the dismissal is to take "the allegations of the complaint most strongly in favor of the [VanLoocks]," and then, "to determine whether the [VanLoocks] could prove any set of facts in support of [their] claim which would entitle [them] to relief." Jones v. Lee County Commission, 394 So.2d 928, 930 (Ala.1981). Accordingly, we now turn to the complaint to determine if the VanLoocks have stated a claim upon which relief can be granted.

COUNTS I and II

Counts I and II of the complaint seek a declaratory judgment. The plaintiffs allege the following:

"Scott VanLoock, Eric VanLoock, and Ryan VanLoock, were arbitrarily, maliciously and capriciously dismissed, expelled and refused the right to return to Holy Family School for the 1984-1985 school term without probable cause and/or without adherence to the due process requirements as established in the defendant, Holy Family School's, publication of rules and regulations which is attached hereto [omitted from this opinion].

" * * *

"The action, in expelling, and/or refusing to allow the minor plaintiffs, Scott VanLoock, Eric VanLoock, and Ryan VanLoock, to return to Holy Family School for the 1984-1985 school term is illegal and not founded upon any legal right and constitutes a breach of contract for the education of Scott VanLoock, Eric VanLoock and Ryan VanLoock.

"A genuine dispute exists between the parties as to whether or not a contract between them exists for the education of Scott VanLoock, Eric VanLoock, and Ryan VanLoock; whether or not the defendants breached the contract by expelling and/or refusing to allow the plaintiffs' minor children, Scott VanLoock, Eric VanLoock and Ryan VanLoock, to return to Holy Family School for the 1984-1985 school term, and what, if any, are the duties, rights and responsibilities of the parties under the contract."

Based upon their allegations in Count I, the VanLoocks requested the following relief:

"a. ... an Order directing that a contract exists between the parties; and

"b. ... an Order confirming the breach of the contract by the Defendants; and,

"c. ... an Order finding that the Defendants failed to comply with the procedural due process established by them for the expulsion of students from Holy Family School and that said expulsion, in the instant case, was arbitrary and capricious; and,

"d. ... an Order defining the duties, rights and responsibilities of each party to the contract; and,

"e. ... an Order ordering the Defendants to allow Scott VanLoock, Eric VanLoock and Ryan VanLoock to re-enter and attend Holy Family School immediately; and,

"f. ... an Order allowing Scott VanLoock, Eric VanLoock and Ryan VanLoock to attend Holy Family School for so long as they comply with the rules and regulations established by said school system without interference, intimidation or threats from the Defendants; and,

"g. ... a Judgment for damages in the amount of Fifty Thousand and No/100 ($50,000.00) Dollars, together with interest and costs, ... in favor of the Plaintiffs and against the Defendants for the unlawful, arbitrary and capricious breach of the actual and/or implied contract and for the arbitrary, malicious and capricious violation of procedural due process established by the Defendants; and,

"h. ... an Order granting the Plaintiffs such other, further and different relief to which the Plaintiffs may be entitled ..., the premises considered."

And, based upon the allegations in Count II, the VanLoocks requested:

"a. That this Court will enter an Order finding that the Grievance Board received illegal evidence from the Defendant, Sister Rhoda Curran, and, therefore, requiring a rehearing of the grievance filed by the Plaintiffs; and,

"b. That this Court will enter an Order finding that the Plaintiffs were denied a fair and impartial appeal filed by the Defendant, Sister Rhoda Curran, in that the Superintendent of Schools violated the rules and regulations of the Defendant, Archdiocese of Mobile, in the PROCESS FOR THE RECONCILIATION OF GRIEVANCES when she accepted testimony from the Archdiocese representative who attended the grievance hearing; and,

"c. That this Court will enter an Order finding that the Plaintiffs were denied a fair and impartial appellate review by the Superintendent of Schools as she was predisposed to rule in favor of the Defendant, Sister Rhoda Curran, having advised the said Defendant that expulsion and/or refusal to allow the VanLoock children to return to Holy Family School for the 1984-1985 school term was an appropriate way to resolve the problem prior to any grievance being filed; and,

"d. That this Court will enter an Order finding that the Defendants violated procedural due process created by them in the establishment of a grievance procedure under the rules and regulations of the Archdiocese of Mobile as it relates to the PROCESS FOR THE RECONCILIATION OF GRIEVANCES; and,

"e. That this Court will enter an Order, ordering that the appeal filed by the Defendant, Sister Rhoda Curran, be declared a nullity and order that another Grievance Hearing be held which is fair and impartial; and,

"f. That this Court will enter an order requiring...