STACEY FAIR, ET AL.
CLARKSVILLE MONTGOMERY COUNTY SCHOOL SYSTEM
Session October 5, 2017
from the Circuit Court for Montgomery County No.
CC-15-CV-2130 William R. Goodman, III, Judge.
appeal involves a determination by a school system that
children were attending the wrong schools based upon their
domicile within the county. We grant the school system's
motion to consider post-judgment facts indicating that the
children no longer attend any school in the school system and
accordingly dismiss this appeal as moot.
R. App. P. 3 Appeal as of Right; Appeal Dismissed
Olson and Taylor R. Dahl, Clarksville, Tennessee, for the
appellants, Stacey Fair, and Michael Fair.
Kathryn W. Olita, Clarksville, Tennessee, for the appellee,
Clarksville Montgomery County School System.
Steven Stafford, P.J., W.S., delivered the opinion of the
court, in which Thomas R. Frierson, II, and Arnold B. Goldin,
STEVEN STAFFORD, JUDGE.
a case involving the proper domicile of three students for
purposes of school placement. After an investigation, schools
in the Appellee Clarksville Montgomery County School System
(the "School System") sent notices to Appellants
Stacey Fair and Michael Fair ("Parents") informing
Parents that the schools had concluded that their three
children were not attending the proper schools within the
School System. Parents, on behalf of their children
(collectively "Appellants"), objected to the
out-of-district determination and filed a complaint in
circuit court for injunctive relief. The trial court
thereafter remanded the matter for the Clarksville Montgomery
County Board of Education (the "Board of
Education") for a hearing. An evidentiary hearing
occurred on June 8, 2016, before a panel of examiners
designated by the Board of Education. The parties presented
competing testimony as to the children's domicile within
the county. On June 10, 2016, the panel submitted its
recommendation that the out-of-district determination should
be upheld. The record from the hearing was thereafter sent to
the Board of Education, and the panel's recommendation
was accepted by a vote of 5-1 on June 19, 2016. An order was
30, 2016, Appellants filed a notice of appeal to the same
circuit court where the case had originally been filed. The
School System objected to the trial court's jurisdiction.
The trial court ruled that it had jurisdiction over the final
order of the Board of Education. After a hearing, the trial
court entered an order upholding the decision of the Board of
Education. Appellants thereafter appealed to this Court.
October 4, 2017, one day prior to scheduled oral argument,
the School System filed a motion to consider post-judgment
facts, alleging that the three children that were the
subjects of the out-of-district determination were no longer
enrolled in schools within the School System and did not
reside within the School System's
boundaries.Accompanying the motion was an affidavit
from the Director of Schools for the School System indicating
that one child had graduated from Clarksville High School in
May 2017 and that the other two children were not enrolled in
any school within the School System on the first day of
school on August 8, 2017. Attached to the affidavit was a
record from the School System's transfer information,
documenting the facts contained in the affidavit. With regard
to the two younger children, the transfer document indicated
that records had been requested by a school in North
Carolina. Based upon these facts, the School System
filed a motion to dismiss this appeal as moot.
argument occurred as scheduled. Neither Appellants nor their