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Moeti v. Clark Atlanta Univ

Supreme Court of Georgia
Jun 11, 2007
646 S.E.2d 265 (Ga. 2007)

Opinion

No. S07A0541.

Decided June 11, 2007.

Equity. Fulton Superior Court. Before Judge Bonner, Senior Judge.

Morriss, Lober Dobson, Gina S. Mangham, for appellants.

Fisher Phillips, Burton F. Dodd, Karen W. Neely, for appellees.


The appellants, who are engineering students and faculty in the engineering program of the appellee, Clark Atlanta University, appeal from the trial court's dismissal of their sole claim for injunctive relief to stop the university from closing the engineering program in 2008. For the reasons that follow, we affirm.

1. In Miller v. Alderhold, this Court ruled that students may not enjoin "the operation and management of [a private] college." Other courts have reached a similar conclusion, holding that, even if a school at a university is in danger of failing, the students' remedy is not to interfere in the control of the university, but is, instead, to seek damages for any individual harm they allege they have suffered. We conclude that this same rule should apply to the faculty-appellants, and thus conclude that the trial court did not err in dismissing the appellants' claim for injunctive relief.

228 Ga. 65, 69 ( 184 SE2d 172) (1971).

In re Antioch University, 418 A2d 105, 113 (D.C. 1980).

2. Finally, we conclude that the trial court did not err in ruling that the appellants' claim against appellee Baranco was barred by the statute of limitations. Judgment affirmed. All the Justices concur.

Metlife v. Wright, 220 Ga. App. 827, 827-828 ( 470 SE2d 717) (1996).


DECIDED JUNE 11, 2007.


Summaries of

Moeti v. Clark Atlanta Univ

Supreme Court of Georgia
Jun 11, 2007
646 S.E.2d 265 (Ga. 2007)
Case details for

Moeti v. Clark Atlanta Univ

Case Details

Full title:MOETI et al. v. CLARK ATLANTA UNIVERSITY, INC. et al

Court:Supreme Court of Georgia

Date published: Jun 11, 2007

Citations

646 S.E.2d 265 (Ga. 2007)
282 Ga. 164

Citing Cases

Wilson v. Clark Atlanta Univ., Inc.

Other cases relied upon by the university involve the denial of an injunction rather than a breach of…