Warren E. Heatherly v. Campbell County Board of Education, et al.

Case Number
E2004-02004-COA-R3-CV

The plaintiff in this case was employed as the director of schools for Campbell County, Tennessee, under a contract of employment which was deemed by the defendant Campbell County Board of Education to have terminated after four years. The plaintiff sued the Board for breach of contract asserting that the contract contained a clause which provided that if the Board took no action by April 15 of each year of the contract to either extend or non-renew, the contract was automatically extended one year. The plaintiff contended that, in view of this clause and accompanying non-action by the Board, the contract did not terminate upon the expiration of four years, but rather extended beyond that period of time. The plaintiff alternatively asserted that, pursuant to a prior order of the trial court entered in a matter unrelated to the present case, he was entitled to an annual salary of not less than ten percent below that of the director of schools. The Board filed a motion for summary judgment requesting a ruling that the automatic extension clause of the contract was invalid and that the contract expired according to its terms. The Board's motion also requested that the trial court rule that, upon expiration of the contract, the plaintiff enjoys no rights to salary beyond those of a classroom teacher. The trial court denied the Board's motion with respect to the automatic extension clause, declaring the clause to be valid and enforceable; however, the Board's motion was granted with respect to the matter of the plaintiff's rights to salary granted by the court's prior order. We hold that the automatic extension clause is invalid, but that the plaintiff retains those rights granted him under the prior order of the trial court subject to further review by the trial court. Accordingly, we reverse the judgment of the trial court and remand.

Authoring Judge
Judge Sharon G. Lee
Originating Judge
Chancellor Billy Joe White
Case Name
Warren E. Heatherly v. Campbell County Board of Education, et al.
Date Filed
Dissent or Concur
No
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