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State ex rel. Brubaker v. Hardy

214 N.E.2d 79, 5 Ohio St. 2d 103, 34 Ohio Op. 2d 225, 1966 Ohio LEXIS 394
CourtOhio Supreme Court
DecidedFebruary 9, 1966
DocketNo. 39620
StatusPublished
Cited by11 cases

This text of 214 N.E.2d 79 (State ex rel. Brubaker v. Hardy) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Brubaker v. Hardy, 214 N.E.2d 79, 5 Ohio St. 2d 103, 34 Ohio Op. 2d 225, 1966 Ohio LEXIS 394 (Ohio 1966).

Opinion

Per Curiam.

The unilateral action of the respondent in withdrawing its acceptance of relator’s resignation, after the close of the third year when the resignation became effective, left the resignation stand as originally filed. Relator, allowing the resignation to stand and thereafter voluntarily entering into a one-year limited teaching contract, without protest, waived his right to a continuing contract of employment. State, ex rel. Ford, v. Board of Edn. of City School Dist. of Cleveland, 141 Ohio St. 124.

Relator is not entitled to a writ of mandamus requiring the execution of a continuing contract of employment.

Judgment reversed.

Taet, C. J., Zimmerman, O’Neill, Schneider and Brown, JJ., concur. Matthias and Herbert, JJ., dissent.

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Bluebook (online)
214 N.E.2d 79, 5 Ohio St. 2d 103, 34 Ohio Op. 2d 225, 1966 Ohio LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-brubaker-v-hardy-ohio-1966.