# Monahan v. BOARD OF TRUSTEES OF ELEMENTARY SCHOOL DIST. NO. 9, FREMONT COUNTY

> Wyoming Supreme Court · July 2, 1971 · 486 P.2d 235

URL: https://www.frixlaw.com/law-library/cases/9611873

## Case

- **Full name:** Dale I. MONAHAN, Appellant (Appellant Below), v. the BOARD OF TRUSTEES OF ELEMENTARY SCHOOL DISTRICT NO. 9, in the COUNTY OF FREMONT, State of Wyoming, Appellee (Appellee Below)
- **Court:** Wyoming Supreme Court
- **Decided:** July 2, 1971
- **Citations:** 486 P.2d 235; 1971 Wyo. LEXIS 226
- **Precedential status:** Published
- **Opinion:** Dissent by Parker
- **Judges:** McIntyre, Parker, McEwan, Gray
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9611873

## Opinion text

PARKER, Justice
(dissenting in part).
Although it is true that this court has frequently called attention to the statutory requirement for adopting rules of practice and has criticized various agencies’ noncompliance with such legislation, the attorney for the school board in the instant case supplied to appellant the essential data so that he was able to prepare for the hearing. Moreover, appellant’s counsel, as far as I can glean from the record, at no time prior to the hearing asked for additional information as to procedure, and it was clear he was well versed in administrative matters. Under these circumstances, I do not think a reversal is warranted on the ground of noncompliance with § 9-276.20, W.S. 1957 (1969 Cum.Supp.). However, considering that (1) the presiding officer at the hearing acted as chief interrogator and (2) while the charges against appellant were diverse the board’s decision in essence was rendered because of one isolated instance of what could be termed insubordination, I am not averse to the remanding of the cause. Even so, the nebulous instructions as to future disposition will I fear proliferate the controversy rather than resolve it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9611873. Public record. Not legal advice.