H. Brooke Paige v. State of Vermont
H. Brooke Paige v. State of Vermont
Opinion
¶ 1. Plaintiff H. Brooke Paige, a taxpayer and resident of Washington, Vermont, appeals the civil division's dismissal of his complaint for declaratory and injunctive relief against the State of Vermont and the Washington Town School Board. In his complaint, he asserted that Act 46, a 2015 state law related to education funding, spending, and governance, impermissibly coerced town residents into voting to merge school districts. He further alleged that Act 46 deprived town residents of local control of education and would result in unequal educational opportunities in violation of the Education and Common Benefits Clauses of the Vermont Constitution. We conclude that plaintiff lacks standing to bring this action and therefore affirm the decision below.
¶ 2. In 2015, the Vermont Legislature enacted Act 46 to address a statewide trend of declining student enrollment and increased education costs. 2015, No. 46, § 1. The law was intended "to move the State toward sustainable models of educational governance" by encouraging local action to "maximize operational efficiencies through increased flexibility to manage, share, and transfer resources, with a goal of increasing the district-level ratio of students to full-time equivalent staff." Id . § 2. To achieve this goal, Act 46 established a multi-year process for merging existing school districts into newly created districts with preferred governance structures. The law contained financial incentives for districts to voluntarily merge. Id . § 6 (providing for decreased homestead property tax rate, merger support grant, and transition facilitation grant to districts that merged before July 2017); id . § 7 (providing for decreased homestead property tax rate and merger support grant to districts that merged between July 2017 and July 2019). The law directed the State Board of Education to order districts that had not acted by November 2018 to merge or realign where necessary. Id . § 10.
¶ 3. Plaintiff is a registered voter, taxpayer, and justice of the peace in the town of Washington. In May 2017, Washington residents voted to merge the Washington school district with that of the neighboring town of Orange pursuant to Act 46. That August, plaintiff filed an administrative complaint with the Secretary of State alleging that the merger vote violated Vermont and federal election laws because he and fellow Washington residents were coerced by Act 46 into voting for the merger. The Secretary dismissed the complaint, stating that administrative relief was unavailable because the merger vote was not a primary or general election in which a federal office appeared on the ballot.
¶ 4. In September 2017, plaintiff filed a complaint for declaratory and injunctive relief in the civil division against the State of Vermont, the Vermont Board of Education, Secretary of Education Rebecca Holcombe, Secretary of State James Condos, and the Washington Town School Board. In his amended complaint, he alleged that Act 46 deprived Washington residents of local control of education in violation of the Education Clause of the Vermont Constitution, ch. II, § 68 ; deprived town residents of the right to equal educational opportunities expressed in
Brigham v. State
(
Brigham I
),
¶ 5. The State moved to dismiss plaintiff's complaint for lack of standing and failure to state a claim for which relief could be granted. The trial court held that plaintiff had standing as a Washington taxpayer because he alleged that as a result of the merger, Washington residents would bear an increased financial burden due to the additional costs associated with the Orange school. However, it determined that plaintiff failed to state a claim that Act 46 violated the Education Clause or the Common Benefits Clause as interpreted in Brigham I , or that the law impermissibly coerced voters in contravention of Articles 8 or 18 of the Vermont Constitution or state or federal election statutes. The court therefore dismissed plaintiff's complaint and upheld the dismissal of his administrative action. Plaintiff appealed to this Court.
¶ 6. On appeal, plaintiff argues that the trial court erred in dismissing his claim that Act 46 violates chapter II, § 68 of the Vermont Constitution.
1
We conclude that plaintiff lacks standing to assert his claim, and therefore affirm the trial court's dismissal of plaintiff's action. See
Sorge v. State
,
¶ 7. Standing is a necessary prerequisite to a petition for declaratory judgment.
Doria v. Univ. of Vt.
,
¶ 8. "An element of the case or controversy requirement is that plaintiffs must have standing, that is, they must have suffered a particular injury that is attributable to the defendant and that can be redressed by a court of law."
Parker
,
¶ 9. To demonstrate standing, a plaintiff must allege injury in fact, causation, and redressability.
Brigham v. State
(
Brigham II)
,
¶ 10. A plaintiff must allege facts sufficient to establish his or her standing "[o]n the face of the complaint."
Town of Cavendish v. Vt. Pub. Power Supply Auth.
,
¶ 11. We addressed the issue of standing to challenge a state education law in
Brigham II
,
¶ 12. Here, plaintiff alleged that he is a resident and taxpayer of the town of Washington; has faithfully attended town meetings and school-board meetings since becoming a resident in 1988; and currently serves as a justice of the peace in the town. He asserted that the Act 46 merger will subject Washington residents to higher education costs and school taxes and make them responsible for the rehabilitation of the Orange Village School, while depriving them of the ownership of their town school and the sole right to make educational decisions for their students. In an exhibit attached to his amended complaint-an informational pamphlet regarding the Washington-Orange merger that he prepared-he claimed that the Washington school business manager stated that Orange and Washington would equally share the cost of education under a merger, and that Orange's 2017 school budget is about $350,000 greater than Washington's. Accordingly, he asserted, the merger would result in Washington taxpayers paying approximately $175,000 more than they would have otherwise. 2 He further alleged that Act 46's incentives will create disparities in funding between towns, thereby denying equal educational opportunities in violation of our decision in Brigham I .
¶ 13. Accepting these allegations as true, they are insufficient to give plaintiff standing. It is undisputed that plaintiff is neither a public-school student nor a parent of a public-school student enrolled in a school subject to Act 46. He therefore is not personally affected by the law's alleged
deprivation of equal education opportunities and lacks standing to challenge it on that basis. Cf.
Brigham II
,
¶ 14. The trial court found, however, that plaintiff had standing to bring this action as a Washington taxpayer because he alleged that Washington residents would bear an additional financial burden as a result of the merger. This was error. "Although taxpayer suits in Vermont are generally recognized as appropriate vehicles for seeking relief from official action, to have standing a plaintiff must still demonstrate that she has either sustained some direct loss or that municipal assets have been improperly wasted."
Baird v. City of Burlington
,
¶ 15. Plaintiff failed to sufficiently allege on the face of his complaint that he has been or will be directly injured in a cognizable way by Act 46. Unlike the taxpayers in Brigham II , he does not allege that he pays disproportionately high state and local education taxes compared to similarly situated taxpayers of other Vermont towns, or that he pays higher education taxes than other taxpayers who own property of the same value and have identical adjusted gross incomes. His allegation that as a result of the merger, Washington residents as a whole will be subjected to higher education costs and school taxes is insufficiently specific to confer standing on plaintiff.
¶ 16. Plaintiff argues in the alternative that he has standing to bring this action as a justice of the peace because when he took office, he swore an oath that he "will not, directly or indirectly, do any act or thing injurious to the Constitution." Vt. Const. ch. II, § 56. Plaintiff cites no law in support of this assertion, which we hold to be meritless. Justices of the peace are empowered to solemnize marriages, notarize documents, and serve on the board of civil authority in the town where they reside. 18 V.S.A. § 5144 ; 24 V.S.A. §§ 441, 801. No statute vests justices of the peace with official standing to bring actions to challenge state laws, even if the laws are allegedly unconstitutional. The oath sworn by plaintiff simply requires him not to do anything injurious to the Constitution; it does not impose an affirmative duty to bring civil actions against the State. As with any other plaintiff in a declaratory judgment action, plaintiff must allege some direct injury to himself to have standing. He failed to do so, and his complaint therefore was properly dismissed. 4
Affirmed .
In his appeal to this Court, plaintiff does not challenge the trial court's dismissal of his claims under the Common Benefits Clause, Articles 8 and 18, and state and federal election statutes, or the dismissal of his administrative appeal. He has therefore waived review of these claims, and we do not consider them in assessing plaintiff's standing. See
R. Brown & Sons, Inc. v. Int'l Harvester Corp.
,
Although the text of the exhibit is not reproduced in the complaint, it was attached to the complaint and is specifically referred to therein. "[T]he general rule is that when the complaint relies upon a document such a document merges into the pleadings and the court may properly consider it under a Rule 12(b)(6) motion to dismiss."
Kaplan v. Morgan Stanley & Co.
,
To the extent plaintiff alleges that town funds will be affected by the state law, this does not suffice to give plaintiff standing to sue the State. See
Bd. of Educ. of Mt. Sinai Union Free Sch. Dist. v. N.Y. State Teachers Ret. Sys.
,
The Court denied plaintiff's requests for permission to file an oversize brief and for additional oral argument time in this matter. Despite these rulings, at oral argument plaintiff presented a letter to the Court that he claimed was a summary of his oral argument. Additional exhibits were attached to the letter. The Court will not consider any information or arguments contained in the letter, as this would effectively result in circumvention of the Court's earlier orders and the appellate rules. See V.R.A.P. 10 (stating that record on appeal is limited to original documents and exhibits filed in trial court); V.R.A.P. 28 (providing that appellant may file appellant's brief and reply brief, and that no further briefs may be filed without Court permission).
Reference
- Full Case Name
- H. Brooke PAIGE v. STATE of Vermont, Et Al.
- Cited By
- 22 cases
- Status
- Published