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ATTORNEY FOR APPELLANTS Nathaniel Ruff Merrillville, Indiana

ATTORNEYS FOR APPELLEE Paul J. Peralta D. Lucetta Pope South Bend, Indiana

In the

Indiana Supreme Court
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No. 45S03-0504-CV-00132 EDDIE TRAIL AND KATRINKA TRAIL, Appellants (Plaintiffs below), v. BOYS AND GIRLS CLUBS OF NORTHWEST INDIANA, DONALD WEISS, BONNIE COLEMAN, JOHN DIEDERICH, PAUL BAILEY, EDWARD WILLIAMS, FRAN TAYLOR, JAMES GREINER, RAYMOND MORRIS, AND BONNIE FINE, Appellees (Defendants below). _________________________________ Appeal from the Lake Superior Court, No. 45D10-0302-CT-00035 The Honorable John R. Pera, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 45A03-0309-CV-00389 _________________________________

April 12, 2006
Shepard, Chief Justice.

Subsequent to a parting of ways with the Boys and Girls Clubs of Northwest Indiana, former executive director Eddie Trail sued the organization and a number of its board members. He alleged breach of contract, defamation, and tortious interference with an employment at will relationship. Because Trail failed to plead sufficient operative facts, and because certain of his claims have no basis in law, we conclude that the trial court was correct to dismiss.

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Facts and Procedural History

This case arises from a motion to dismiss, so the only facts available are those alleged in the complaint. The Boys and Girls Club of Northwest Indiana is an Indiana not-for-profit corporation. Eddie Trail worked with the Club in various capacities for twenty-three years, with the last six as Executive Director. Trail alleges that during his service with the Club, he became a respected and valued member of the organization, earning performance raises and receiving recognition for his work as an Executive Director.

Trail's employment contract with the Club expired on December 31, 2001, and early signs seemed favorable for an extension. Board member John Diederich told Trail in February 2001 that the Executive Committee had voted unanimously to retain him as Executive Director. After the contract expired, board president Donald Weiss informed him that members of the Executive Committee had voted to increase his salary.

Trail alleges that Weiss, Paul Bailey, Bonnie Coleman, and Fran Taylor, who were members of the Executive Committee, were "unhappy for personal reasons with the retention of Trail . . . [and] were upset with [him] because he refused to defer to them on those initiatives and actions that properly were [his] duties as Executive Director." (Compl.

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