Stackhouse v. School District No. 1

Opinion by

Judge NEY.

Plaintiffs, John Stackhouse and William Tomlinson, appeal the summary judgment entered in favor of defendants, School District No. 1 and the Board of Education of that District, (collectively the Board). We affirm the trial court’s determination that § 22-63-202(2)(a), C.R.S. (1995 Repl.Vol. 9), is constitutional and reverse the summary judgment in favor of defendants.

Plaintiffs Stackhouse and Tomlinson were employed by the Board as teachers until each voluntarily resigned from his position in August 1991 and August 1992, respectively.

Relying upon the statutory provision…