Lawrence County Sch. Dist. v. Bowden
| Docket Number: | 2004-CC-00556-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-17-2005 Opinion Author: Waller, P.J. Holding: REVERSED AND REMANDED |
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| Additional Case Information: |
Topic: Constitutionality of section 37-9-113 - Sua sponte decision by court Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J. Procedural History: Dismissal Nature of the Case: CIVIL - UNCONSTITUTIONAL STATUTE |
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| Trial Court: |
Date of Trial Judgment: 01-21-2004 Appealed from: Lawrence County Chancery Court Judge: J. Larry Buffington Disposition: Chancellor dismissed the action for lack of jurisdiction. Case Number: 2000-0205 |
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| Consolidated: Consolidated with 2005-CA-01462-COA; Peggy Bowden v. Lawrence County School District; Lawrence Chancery Court; LC Case #: 2000-0205; Ruling Date: 07/07/2005; Ruling Judge: J. Buffington The court of appeals decision can be found at http://www.mssc.state.ms.us/Images/Opinions/CO38704.pdf | ||
| Party Name: | Attorney Name: | |||
| Appellant: | LAWRENCE COUNTY SCHOOL DISTRICT |
CHESTER D. NICHOLSON
GAIL D. NICHOLSON |
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| Appellee: | PEGGY BOWDEN | JANET MCMURTRAY JAMES A. KEITH JARRAD GARNER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Constitutionality of section 37-9-113 - Sua sponte decision by court |
| Summary of the Facts: | Lawrence County School District and Peggy Bowden, adversaries in this case, jointly appeal the Lawrence County Chancery Court’s sua spoute decision to dismiss Bowden’s appeal for lack of jurisdiction. The chancery court dismissed the case, finding the statutes authorizing appeals to the chancery court from school board decisions are unconstitutional. |
| Summary of Opinion Analysis: | The parties argue that the court erred in finding that the Education Employment Procedures Law unconstitutionally confers jurisdiction on the chancery court. The constitutionality of a statute will not be considered unless the point is specifically pleaded. In light of the fact that neither of the parties in this case raised the constitutionality of Mississippi’s Education Employment Procedures Law, the chancellor exceeded his powers in raising the issue sua sponte. Section 37-9-113 of the Education Employment Procedures Law confers jurisdiction to chancery courts over matters involving school employees who are aggrieved by the final decision of a school board. Review of board and agency decisions (and, in particular, school board decisions) falls under the scope of those “matters in equity” which our Constitution permits chancery courts to hear. The chancellor erred in concluding otherwise. |
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