Legal Opinion · Dissent

Fiscus v. BD., CENTRAL SCH. D. OF GREENE CTY.

Indiana Court of Appeals

Decided July 8, 1987No. 53A01-8610-CV-272Published

1DissentConover, Presiding Judge

I respectfully dissent. It is readily apparent from this record Fiscus was denied substantive due process of law at her hearing before the school board.

A. Due Process

Our state and federal constitutions require as a minimum standard in any hearing whether before a court or an administrative body that a party whose interests are to be effected thereby be afforded fundamental due process of law. The constitutional guarantee of "due process" is one of broad and comprehensive implications, not readily definable with precision, but including the elements of reasonable notice, opportunity for a fair…

2Cases cited11 opinions

  1. Warren v. Indiana Telephone Co.Indiana Supreme Court · 1940
  2. City of Mishawaka v. StewartIndiana Supreme Court · 1974
  3. Dunn v. JenkinsIndiana Supreme Court · 1978
  4. Town of Walkerton v. New York, Chicago & St. Louis RailroadIndiana Supreme Court · 1939
  5. Rinn v. Asbestos Manufacturing Co.Supreme Court of the United States · 1939

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