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Community Corner

JUDGE RULES FOR SNYDER IN BOOSTER CLUB CASE

Following is the courts order:

"The court orders as follows on defendant Stacy Kelly's Demurrer to plaintiff Jennifer R. Snyder's Second Amended Complaint ("SAC"): Defendant's demurrer to the SAC is OVERRULED on the grounds that have been argued in the moving papers. The SAC alleges plaintiff's standing to seek a judicial declaration regarding the rights and duties of the parties and the existence of a present controversy. (SAC at 1, 3, 8, 13, 15-17, 19, 21, 27 28, 29, 37, 38.) Nothing is cited for the proposition that plaintiff lacks standing to challenge her exclusion from membership in the Booster Club where the SAC alleges that she applied and was qualified for membership, her request for membership was arbitrarily denied in violation of association bylaws, and she was told that "any [future] membership request" would be rejected. (SAC at 13-21.) Nothing is cited for the proposition that Kelly is an improper party having been named in her official capacity. Finally, the defendant has not persuaded the court on this motion that the Club's decision to exclude plaintiff from membership is protected by the First Amendment right to freedom of association or that the court must necessarily abstain from interference in the Club's discretion regarding such matters. TIME FOR FILING AND SERVICE OF ANSWER Defendant has 20 days from the date of this order within which to file and serve an Answer to the SAC."

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