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STATE OF MINNESOTA IN COURT OF APPEALS A08-0765 James R. Williams, Appellant, vs. The Board of Regents of The University of Minnesota, et al., Respondents. Filed March 31, 2008 Affirmed in part, reversed in part, and remanded Minge, Judge Hennepin County District Court File No. 27-CV-07-22194 Donald Chance Mark, Jr., Anthony Gabor, Alyson M. Palmer, Jennifer S. Pirozzi, Fafinski Mark & Johnson, P.A., 775 Prairie Center Drive, Suite 400, Eden Prairie, MN 55344; and Richard G. Hunegs, Hunegs Stone LeNeave Kvas & Thornton, P.A., 1650 International Centre, 900 Second Avenue South, Minneapolis, MN 55402 (for appellant) Mark B. Rotenberg, Brian J. Slovut, University of Minnesota, 200 Oak Street Southeast, Suite 360, Minneapolis, MN 55455 (for respondent) Considered and decided by Minge, Presiding Judge; Larkin, Judge; and Stauber, Judge. SYLLABUS If an alleged employee`s negligent-misrepresentation claim against a public entity can be determined without evaluating whether the entity wrongfully discharged the alleged employee, judicial consideration of the claim is not limited to certiorari review by the court of appeals.

OPINION MINGE, Judge Appellant challenges the dismissal on the pleadings of certain employment-related claims against respondent Board of Regents of the University of Minnesota and the university`s athletic director, respondent Joel Maturi. Because we conclude that the district court correctly determined that judicial consideration of appellant`s estoppel counts is only available by writ of certiorari and that appellant`s constitutional counts failed to present a claim for which relief could be granted, we affirm in part. Because we conclude that the district court erred in determining at the pleadings stage that appellant`s common-law negligent-misrepresentation claim is limited to certiorari review, we reverse in part and remand. FACTS Appellant James Williams was an assistant coach for Oklahoma State University (OSU) from 2004 to April 2007. Appellant alleges that, on April 2, 2007, the head coach of the University of Minnesota men`s basketball team, Orlando Tubby Smith, verbally offered appellant a position as an assistant coach of the university men`s basketball team with an annual salary of $200,000. Appellant immediately accepted the offer and At the time of his

informed Smith that he was tendering his resignation to OSU.

resignation, appellant had a year remaining on his contract with OSU. Appellant alleges that, in reliance on the offer, he also made arrangements to sell his Oklahoma home and move to Minnesota.

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Appellant alleges that the university held Smith out as having express or implied authority to hire assistant coaches for the university men`s basketball team. The

complaint further alleges that Smith`s offer and appellant`s acceptance created an enforceable contract that was subsequently breached by the university and its athletic director, respondent Joel Maturi. Following the alleged breach, appellant alleges that Maturi, individually or under his authority as an employee of the university, made defamatory statements in local media outlets by denying that Smith hired appellant and suggesting that the reason that appellant was not hired was because of decades-old NCAA infractions. Following Maturi`s comments to the media, appellant alleges that he made multiple attempts to discuss matters with Maturi. Appellant`s requests to meet and discuss the matter with Maturi were denied. On September 25, 2007, appellant commenced an action against the Board of Regents of the university and against Maturi, both individually and in his capacity as the athletic director. Appellant`s amended complaint contains numerous counts including: (1) breach of contract

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