Williams v. Board of Regents

Decision Date31 March 2009
Docket NumberNo. A08-0765.,A08-0765.
Citation763 N.W.2d 646
PartiesJames R. WILLIAMS, Appellant, v. The BOARD OF REGENTS OF The UNIVERSITY OF MINNESOTA, et al., Respondents.
CourtMinnesota Court of Appeals

Donald Chance Mark, Jr., Anthony Gabor, Alyson M. Palmer, Jennifer S. Pirozzi, Fafinski Mark & Johnson, P.A., Eden Prairie, MN; and Richard G. Hunegs, Hunegs Stone LeNeave Kvas & Thornton, P.A., Minneapolis, MN, for appellant.

Mark B. Rotenberg, Brian J. Slovut, University of Minnesota, Minneapolis, MN, for respondent.

Considered and decided by MINGE, Presiding Judge; LARKIN, Judge; and STAUBER, Judge.

OPINION

MINGE, Judge.

Appellant challenges the dismissal on the pleadings of certain employment-related claims against respondent Board of Regents of the University of Minnesota and the university's athletic director, respondent Joel Maturi. Because we conclude that the district court correctly determined that judicial consideration of appellant's estoppel counts is only available by writ of certiorari and that appellant's constitutional counts failed to present a claim for which relief could be granted, we affirm in part. Because we conclude that the district court erred in determining at the pleadings stage that appellant's common-law negligent-misrepresentation claim is limited to certiorari review, we reverse in part and remand.

FACTS

Appellant James Williams was an assistant coach for Oklahoma State University (OSU) from 2004 to April 2007. Appellant alleges that, on April 2, 2007, the head coach of the University of Minnesota men's basketball team, Orlando "Tubby" Smith, verbally offered appellant a position as an assistant coach of the university men's basketball team with an annual salary of $200,000. Appellant immediately accepted the offer and informed Smith that he was tendering his resignation to OSU. At the time of his resignation, appellant had a year remaining on his contract with OSU. Appellant alleges that, in reliance on the offer, he also made arrangements to sell his Oklahoma home and move to Minnesota.

Appellant alleges that the university held Smith out as having express or implied authority to hire assistant coaches for the university men's basketball team. The complaint further alleges that Smith's offer and appellant's acceptance created an enforceable contract that was subsequently breached by the university and its athletic director, respondent Joel Maturi. Following the alleged breach, appellant alleges that Maturi, individually or under his authority as an employee of the university, made defamatory statements in local media outlets by denying that Smith hired appellant and suggesting that the reason that appellant was not hired was because of decades-old NCAA infractions. Following Maturi's comments to the media, appellant alleges that he made multiple attempts to discuss matters with Maturi. Appellant's requests to meet and discuss the matter with Maturi were denied.

On September 25, 2007, appellant commenced an action against the Board of Regents of the university and against Maturi, both individually and in his capacity as the athletic director. Appellant's amended complaint contains numerous counts including: (1) breach of contract— specific performance; (2) breach of contract — money damages; (3) promissory estoppel; (4) equitable estoppel; (5) intentional interference with contractual relations; (6) negligent misrepresentation; (7) negligence; (8) defamation per se; (9) vicarious liability/respondeat superior; (10) violation of property rights pursuant to 42 U.S.C. § 1983 — injunctive relief; (11) violation of property rights pursuant to 42 U.S.C. § 1983 — money damages; (12) violation of liberty rights pursuant to 42 U.S.C. § 1983 — injunctive relief; and (13) violation of liberty rights pursuant to 42 U.S.C. § 1983 — money damages.

Respondents moved to dismiss appellant's action on the basis that the district court lacked jurisdiction to review appellant's common-law counts and that appellant's common-law and constitutional (section 1983) counts failed to set forth a legally sufficient claim for relief. The district court concluded that because the university's employment decisions are subject only to certiorari review in the court of appeals, the district court did not have jurisdiction to hear the common-law counts and granted respondents' motion to dismiss based on the pleadings. The district court further concluded that the constitutional (section 1983) counts, although within the district court's jurisdiction, failed to state a legally cognizable claim. This appeal follows.

ISSUES

I. Did the district court err in ruling that it did not have subject-matter jurisdiction over appellant's common-law counts for promissory estoppel, equitable estoppel, and negligent misrepresentation?

II. Did the district court err in dismissing appellant's constitutional counts for failure to state a claim for which relief can be granted?

ANALYSIS

This appeal challenges the district court's dismissal of certain of appellant's claims by entry of judgment on the pleadings. A party may move for judgment on the pleadings if a complaint fails to set forth a legally sufficient claim for relief. Minn. R. Civ. P. 12.03. In deciding such motions, the district court must take the facts alleged in the complaint as true and draw all inferences in favor of the nonmoving party. Bodah v. Lakeville Motor Express, Inc., 663 N.W.2d 550, 553 (Minn.2003) (reviewing dismissal on the pleadings for failure to state a claim under Minn. R. Civ. P. 12.02). On review, the appellate court must review the judgment on the pleadings de novo, id., and determine only "whether the complaint sets forth a legally sufficient claim for relief," Barton v. Moore, 558 N.W.2d 746, 749 (Minn.1997).1

I.

The first issue is whether the district court erred in ruling that it did not have subject matter jurisdiction over appellant's common-law claims for promissory estoppel, equitable estoppel, and negligent misrepresentation. Whether a court has subject-matter jurisdiction is a question of law and is reviewed de novo. Burkstrand v. Burkstrand, 632 N.W.2d 206, 209 (Minn.2001).

"The University is part of the executive branch of state government, and as such, its decisions are given deference by this court under the principle of separation of powers." Maye v. Univ. of Minn., 615 N.W.2d 383, 385 (Minn.App. 2000); see also Dokmo v. Indep. Sch. Dist. No. 11, 459 N.W.2d 671, 674 (Minn.1990) (applying the principle of separation of powers to school districts). Issuance of a writ of certiorari by the court of appeals pursuant to Minn.Stat. § 606.01 (2008) is "the only method available for review of a university [employment termination] decision." Shaw v. Bd. of Regents of Univ. of Minn., 594 N.W.2d 187, 191 (Minn.App. 1999). The rule that certiorari is the exclusive method of reviewing the termination decisions of a state agency or local unit of government as a quasi-judicial administrative body has been applied in a variety of cases. Id. at 190 (citing Willis v. County of Sherburne, 555 N.W.2d 277, 282 (Minn.1996) (involving termination of county department director); Dietz v. Dodge County, 487 N.W.2d 237, 239 (Minn.1992) (involving termination of nursing home administrator); Dokmo, 459 N.W.2d at 673 (involving termination of teacher); Mowry v. Young, 565 N.W.2d 717, 719 (Minn.App.1997) (termination of police reserve unit member), review denied (Minn. Sept. 18, 1997)).

The characterization of a claim in a complaint does not change the jurisdictional analysis. Willis, 555 N.W.2d at 282. "In the absence of a statute providing for a different process, the dispositive question is whether the claim implicates an executive body's decision to terminate an employee." Lueth v. City of Glencoe, 639 N.W.2d 613, 617 (Minn.App.2002), review denied (Minn. Apr. 16, 2002). In examining tort claims against the university, this court has held that "[t]he pertinent question becomes whether the claim is `separate and distinct from the termination of ... employment' or whether the claim arises out of a common nucleus of operative facts." Grundtner v. Univ. of Minn., 730 N.W.2d 323, 332 (Minn.App.2007) (citing Willis, 555 N.W.2d at 282). This court looks to see if an inquiry into the facts surrounding a tort claim would necessarily involve an inquiry into the discretionary decision of the university to terminate an individual. Id. (holding that the district court did not have jurisdiction to hear claims of defamation and intentional interference with a business advantage against the university).

Estoppel

Appellant's estoppel claims allege that the university, through Smith, made a promise of employment to appellant and that enforcement of that promise is required to prevent an injustice. To decide the estoppel claims, the district court must examine the university's alleged promise of employment and the details of that promise. Because determination of appellant's estoppel claims would require not just consideration of the university's internal hiring procedure and the details of an alleged offer of employment but also appellant's equitable rights to employment and the university's ultimate decision not to employ appellant, we conclude that the district court did not err in determining that it did not have jurisdiction over these claims under Grundtner, 730 N.W.2d at 332, and Maye, 615 N.W.2d at 386. A writ of certiorari from the court of appeals pursuant to Minn.Stat. § 606.01 is the only appropriate means for judicial review of appellant's estoppel claims.

Negligent Misrepresentation

In contrast, appellant's negligent-misrepresentation claim is a common-law cause of action that is not premised on an equitable or legal claim to employment. The tort of negligent misrepresentation is defined as:

One who, in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the...

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