Dickinson Education Association v. Dickinson Public School District

[¶ 27] I agree the holding in Dickinson Educ. Ass’n v. Dickinson Pub. Sch. Dist., 499 N.W.2d 120 (N.D.1993) (‘‘Dickinson II ”) is dispositive of this appeal. Majority opinion at ¶ 14. I respectfully disagree that the facts as found by the district court, when applied to that law, establish the required “clear legal right to performance of the particular act sought to be compelled by the writ.” Id. at ¶ 10 (citations omitted). I would hold that the district court abused its discretion by misapplying the law, and would reverse and vacate the writ.

[¶ 28] The record shows the District and the…