Grabow v. Montana High School Ass'n

Summary

The Montana Supreme Court affirmed the denial of attorney's fees to Rob Grabow, holding that the prior injunction did not establish entitlement under 42 U.S.C. § 1988 or Montana's private attorney general doctrine. The court also held that the Livingston School District could contract with the Montana High School Association and adopt its eligibility rules without unlawfully delegating governmental power. The court concluded that Grabow had no right to administrative appeal from the MHSA's eligibility decision under the cited statute.

Holdings

1. Grabow was not entitled to attorney's fees under § 1988 because the injunctive order did not involve or enforce 42 U.S.C. § 1983, and Grabow did not prevail on a final merits determination.
2. The Livingston School District could contract with the MHSA and consent to be bound by its rules; doing so was not an unlawful delegation of governmental power.
3. Grabow had no right to an administrative appeal from the MHSA's eligibility decision under Mont. Code Ann. § 20-3-210 because that statute applies to controversies arising from decisions of trustees within the county, whereas the MHSA exercised authority derived from the mutual agreement of member districts.
4. The court would not order the Office of Public Instruction to review MHSA eligibility decisions because no authority empowered the OPI to conduct such review.

Questions Presented

1. Whether the Supreme Court's December 23, 1999, order granting injunctive relief entitled Grabow to attorney's fees under 42 U.S.C. § 1988 or Montana's private-attorney-general doctrine.
2. Whether the Livingston School District could contract with the Montana High School Association and consent to be bound by the association's rules.
3. Whether Grabow was entitled to an administrative appeal from the MHSA's eligibility decision under Mont. Code Ann. § 20-3-210.
4. Whether the Office of Public Instruction should be ordered to review MHSA eligibility decisions.

Disposition

affirmed