Berry v. Foster

OPINION

HATHAWAY, Judge.

This case of first impression is an appeal by four of the five members of the Madison School District No. 38 governing board and the District itself (collectively, the board) from the permanent injunction entered in favor of the fifth board member, appellee Carolyne Berry. We agree with the trial court that the board did not have the authority to impose a procedure to investigate or censure other board members and that allowing implementation of the proposed procedure would result in irreparable harm to Berry. We therefore affirm as modified.

FACTS

As a result of the…