Legal Opinion
Dathe v. Wildrose School District No. 91
North Dakota Supreme Court
Decided April 30, 1974No. Civ. 8946, 8947PublishedCited by 15 opinions
1Opinion of the Court
VOGEL, Judge.
These cases, which were consolidated for trial and for argument on appeal, involve the statutory construction of Section 15-47-38, N.D.C.C., prior to its 1973 amendment. The statute, in its pre-1973 version, is set out in full in Hennessy v. Grand Forks School District No. 1, 206 N.W.2d 876 (N.D.1973).
The application of this statute poses a conundrum for school boards and teachers alike. What is the meaning of the first subsection, replete with pious hopes and exhortations, but lacking all language indicative of the creation of legal rights? It “urges” — but does not require- —…
2Cases cited7 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Frances Fisher v. James SnyderCourt of Appeals for the Eighth Circuit · 1973
- Hennessy v. Grand Forks School District 1North Dakota Supreme Court · 1973
- Blum v. Board of Zoning & AppealsNew York Supreme Court · 1956
- Thomas v. Board of TrusteesOhio Court of Appeals · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dolores Buhr v. Buffalo Public School District No. 38Court of Appeals for the Eighth Circuit · 1975
- United Plainsmen Ass'n v. North Dakota State Water Conservation CommissionNorth Dakota Supreme Court · 1976
- Dobervich v. Central Cass Public School District No. 17North Dakota Supreme Court · 1979
- Baker v. Minot Public School District No. 1North Dakota Supreme Court · 1977
- Peters v. Bowman Public School District 1North Dakota Supreme Court · 1975
10 more not listed; retrieve them via the Exa API.