By: Derek Hawkins//November 20, 2017//
WI Court of Appeals – District I
Case Name: Wauwatosa School District v. Wisconsin Interscholastic Athletic Association
Case No.: 2016AP2260
Officials: Kessler, Brash and Dugan, JJ.
Focus: Court Error – Failure to State a Claim
Wauwatosa School District appeals an order dismissing its action against Wisconsin Interscholastic Athletic Association (WIAA). The issue is whether the District’s action fails to state a claim. We affirm.
The District argues that WIAA violated the duty of good faith and fair dealing implied in its contract with the District by acting in an arbitrary and capricious manner when it realigned the conferences in which the schools play sports. School Dist. of Slinger v. Wis. Interscholastic Athletic Ass’n, 210 Wis. 2d 365, 563 N.W.2d 585 (Ct. App. 1997), is dispositive. Slinger forecloses a breach of contract action against WIAA when the breach relates in some manner to conference realignment. Id. at 378-79.
The District contends that Slinger is distinguishable. The District argues that the school district in Slinger alleged breach of contract on the ground that it had a contractual right to a reasonable athletic conference alignment. Id. at 367. In contrast, the District here alleges breach of contract on the ground that it has an implied contractual right to good faith and fair dealing when WIAA realigns conferences.