State ex rel. Brubaker v. Hardy

Ohio Supreme Court
State ex rel. Brubaker v. Hardy, 5 Ohio St. 2d 103 (Ohio 1966)
214 N.E.2d 79; 34 Ohio Op. 2d 225; 1966 Ohio LEXIS 394
Brown, Herbert, Matthias, Neill, Schneider, Taet, Zimmerman

State ex rel. Brubaker v. Hardy

Opinion of the Court

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.

Reference

Full Case Name
The State, ex rel. Brubaker v. Hardy, Board of Education of Adams Township School District
Cited By
11 cases
Status
Published