Florida Atlantic University Board of Trustees v. Harbor Branch Oceanographic Institute Foundation, Inc.

Summary

The court held that neither the statutory requirement for university approval of direct-support-organization board appointments nor the budget-approval regulation unconstitutionally impaired the Foundation’s memorandum of understanding with the university. The memorandum addressed only FAU’s right to appoint two directors and the Foundation’s discretion to make distributions; it did not address approval of other directors or budget approval. The court also held that FAU waived its objection based on the Foundation’s failure to comply with the constitutional-question notice rule. The separate concurrence is omitted because no separate opinion was provided in the case record.