Legal Opinion · Dissent

Mississippi High School Activities Ass'n v. Hattiesburg High School

Mississippi Supreme Court

Decided October 15, 2015No. 2013-CA-01214-SCTPublished

1DissentWaller, Chief Justice

¶ 35. I cannot agree with today’s holding that the Hattiesburg High School failed to state a claim against the activities association with which it contracted to manage its students’ participation in extracurricular activities. The majority admits that a member of a private, voluntary association such as the Mississippi High School Activities Association (MHSAA) may seek injunctive relief against the association but holds that courts cannot grant relief from an arbitrary decision. ■ The majority concludes that “[tjhere simply is no cause of action for ‘arbitrariness.’ ”

¶ 36. Today’s decision…

2Cases cited29 opinions

  1. Brentwood Academy v. Tennessee Secondary School Athletic Assn.Supreme Court of the United States · 2001
  2. Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
  3. National Collegiate Athletic Assn. v. TarkanianSupreme Court of the United States · 1988
  4. Pinsker v. Pacific Coast Society of OrthodontistsCalifornia Supreme Court · 1974
  5. Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931

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