"Nowhere in its complaint does HHS allege a breach of contract, a tort, fraud, or any other legally cognizable claim. Contrary to the dissents’ position, there simply is no cause of action for “arbitrariness,” in the absence of a contractual provision or some other legal duty requiring otherwise. For example, MHSAA could decide arbitrarily to paint all of its office doors chartreuse, but unless some contractual provision or other legal duty mandates otherwise, no cause of action arises. As such, HHS’s complaint for injunctive relief was not “predicated upon some legal or equitable claim which will, at some point, proceed to the merits,” and therefore was not within the Forrest County Chancery Court’s jurisdiction. In Re Bell, 962 So. 2d at 541."
Tuesday, October 20, 2015
Tort for Private Organization
Last week, the Mississippi Supreme Court decided Miss. High School Activities Assoc. v. Hattiesburg High School. The case centered on whether relief was available in court over a decision of a private voluntary organization. The Mississippi Supreme Court said no and found that: