Breaking News: BOE Loses at State BOE with "Have Its Cake and Eat it Too" Legal Argument #msi #churchillhigh #artificial turf

MSI Soccer, Inc. filed an appeal with the Maryland State Board of Education concerning the Montgomery County Board of Education's decision to award the use of the Churchill High School football field to other clubs. 

At the same time, MSI filed a civil action in Montgomery County Circuit Court.

The Montgomery County Board of Education sought to have the appeal at the State Board dismissed.

In arguing for dismissal of the MSI action before the State BOE, the Montgomery County Board of Education's top outside lawyers argued the well known legal principle of "have it's cake and eat it too." (See opinion below.)  The Montgomery County Board of Education's argument was that MSI could not "have it's cake and eat it too" by pursuing an appeal in two different places at the same time. The Montgomery County Board of Education requested that the MSI appeal at the State Board be dismissed.

The Maryland State Board of Education didn't bite.

The Maryland State Board of Education did not dismiss MSI's appeal.  Instead, MSI prevailed in their request to have their appeal to the Maryland State Board of Education stayed until 60 days after the conclusion of their proceedings in civil court.

   MSI,Inc. v. Montgomery County Board of Education by Parents' Coalition of Montgomery County, Maryland