School District No. 48 v. Fair Dismissal Appeals Board

I cannot agree with the main conclusion of the majority opinion, namely, that the right to obtain a petition for a writ of review expressly granted by OES 342.905 (8) was by implication taken away by OES 183.480. The majority reaches this result by invoking the doctrine of implied repeal.

The reasons for my disagreement may be summarized as follows:(1) An examination of the legislative history of the Teacher Tenure Law indicates to me a legislative intention to retain the writ of review provision (OES 342.905 (8)) as a part of the law, rather than to eliminate it; and

*45(2) Writ of review and…