Opinion

State ex rel. Brennan v. Vinton County Local School District Board of Education

  • 18 Ohio St. 3d 208
  • 18 Ohio B. 271
  • 480 N.E.2d 476
  • 1985 Ohio LEXIS 433
Court
Ohio Supreme Court
Filed
Jul 17, 1985
Status
Published
Author
Wright
On the bench
Brown, Celebrezze, Douglas, Holmes, Locher, Sweeney, Wright
Cited by
16 cases
Authority
More cited than 15.1%

The opinion

Wright, J.,

dissenting. The majority opinion is compelling if one accepts the reasoning contained in State, ex rel. Lee, v. Bellefontaine Bd. of Edn. (1985), 17 Ohio St. 3d 124 . I did not agree with the holding in that case. In the case at bar appellant received actual notice from his superintendent of his intention not to recommend appellant for renewal of his contract along with the superintendent’s specific reasons therefor. Appellant was invited to the meeting at which the board was to consider the matter, but for whatever reason decided not to make an appearance to demur to his superintendent’s recommendation for non-renewal of his contract. In conformance with my dissent in Bellefontaine, supra, we have again reached a result which is at war with any sound public policy considerations in support thereof.

This case extends Bellefontaine, supra, inasmuch as this appellant admittedly received actual notice from his superintendent as to his intent not to recommend him for renewal of his contract along with the precise reasons for said recommendation. Further, this appellant received actual notice of the board meeting at which the board was to consider said recommendation and had every opportunity to protest same.

Thus, I must respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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