McMillen v. U.S.D. No. 380

The opinion of the court was delivered by

Holmes, C.J.:

Plaintiff, Dwight E. McMillen, appeals from a district court order denying his petition for mandamus. The petition requested that the court order the defendant, Board of Education of U.S.D. No. 380, to continue payment of McMillen’s salary pending the outcome of a due process hearing and any post-hearing appeals. This appeal is related to our recent decision in U.S.D. No. 380 v. McMillen, 252 Kan. 451, 845 P.2d 676 (1993), hereafter McMillen I.

The facts underlying this appeal are not in dispute and were set forth in McMillen 1 as follows:

“D…