# State ex rel. Couch v. Trimble Local School District Board of Education

> Ohio Supreme Court · October 2, 2008 · 120 Ohio St. 3d 75

URL: https://www.frixlaw.com/law-library/cases/6793309

## Case

- **Full name:** The State ex rel. Couch v. Trimble Local School District Board of Education
- **Court:** Ohio Supreme Court
- **Decided:** October 2, 2008
- **Citations:** 120 Ohio St. 3d 75; 896 N.E.2d 690
- **Precedential status:** Published
- **Opinion:** Concurrence by Cupp
- **Judges:** Connor, Cupp, Donnell, Lanzinger, Moyer, Only, Pfeifer, Stratton
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6793309

## Opinion text

Cupp, J.,
concurring in the judgment only.
{¶ 40} I concur in the judgment granting a writ of mandamus because the Trimble Local School District Board of Education did not treat Couch’s position as Safe and Drug Free Schools Coordinator as an “other administrator” under R.C. 3319.02(A)(1)(b), but as a nonteaching employee under R.C. 3319.081. *83 Accordingly, we have no occasion to determine whether the board’s job abolishment would have fit within the framework of R.C. 3319.171.
{¶ 41} I agree that the Trimble Local School District’s financial planning and supervision commission had been terminated before it purported to act to specifically uphold the job abolishment, so R.C. 3316.07(A)(11) did not authorize that action under the facts of this case. I also agree that laches does not bar this action.
{¶ 42} For the above reasons, I concur in granting the writ.
Moyer, C.J., concurs in the foregoing opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6793309. Public record. Not legal advice.