State ex rel. Francu v. Windham Exempted Village School District Bd. of Edn.

The majority erroneously affirms the court of appeals’ decision granting summary judgment in favor of the relator. The majority bases its conclusion on the court’s decision in State, ex rel. Peake, v. Bd. of Edn. (1975), 44 Ohio St. 2d 119 [73 O.O.2d 437], which involved factual and legal issues similar to those in the instant case. The majority concedes that respondent timely raised the affirmative defense that relator avoided service of the notice of his non-renewal. Nevertheless, relying on Peake, the majority concludes that where relator receives notice prior to April 30 that he has…