Opinion

Morgan v. OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASS'N

  • 207 P.3d 362
  • 2009 OK 21
  • 2009 Okla. LEXIS 21
  • 2009 WL 855986
Court
Supreme Court of Oklahoma
Filed
Mar 31, 2009
Status
Published
Author
Opala
On the bench
Edmondson, Taylor, Opala, Watt, Winchester, Colbert, Hargrave, Kauger, Reif
Cited by
5 cases
Authority
More cited than 11.1%

The opinion

OPALA, J.,

with whom TAYLOR, V.C.J. and WINCHESTER, J., join, concurring

T1 At issue here is the correctness of the trial court's action by temporarily enjoining the defendant (a school association) from enforcing against a high school student athlete its rule under whose terms the athlete became ineligible to play on the Sallisaw High School's basketball team.

*367 2 The legal propriety of a district court decision that either sustains or sets aside a ruling by a voluntary school association is reviewed in an appellate court by applying the standard most recently announced in Brown v. Oklahoma Secondary School Activities Assn., 2005 OK 88 , 125 P.3d, 1219 . Absent fraudulent collusive, unreasonable, arbitrary or capricious decisional process, a court may not overturn a voluntary association's enforcement of its rules. Concluding from its review of the record that the association's ruling in contest does not offend the prohibited norms of decisional behavior, the court reverses the trial court's temporary injunction as an impermissible interference with the association's freedom of action. While I coneur in today's disposition and in the court's pronouncement, I write separately to add with emphasis that in their quest for relief the student athlete's parents neither rely on the association's use of any prohibited norms in its decisional process nor contest the association's legal status as a private (nongovernmental) entity in an effort to secure this court's re-examination of the trial judge's ruling under a more favorable standard of review than that which governs rulings by voluntary private school associations.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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