Legal Opinion · Dissent
Elwell v. BD. OF ED. OF PARK CITY
Utah Supreme Court
Decided February 19, 1981No. 16370Published
1DissentMaughan, Chief Justice
For the following reasons, I dissent.
In the majority’s outline of the requirements of due process it states that the notion of fundamental fairness entails the defendant be given a statement by the Board as to the basis of their decision. In point of fact the Board is statutorily required under 53-51-5(9) to provide:
“Written notice of suspension or final termination including findings of fact made by the board when such suspension or termination is for cause.”
This requirement of written findings of fact is more than a mere procedural techni-*464eality. Rather the requirement stems from the…
2Cases cited30 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Goldberg v. KellySupreme Court of the United States · 1970
25 more not listed; retrieve them via the Exa API.