Legal Opinion · Dissent

Mohn v. Independent School District No. 697, Eleveth

Court of Appeals of Minnesota

Decided June 18, 1991No. C9-90-2217Published

1DissentFoley, Judge

I respectfully dissent. I do so because both the facts and the law raise issues that compel decision in favor of the school district. The majority appears to rest its decision on Minn.Stat. § 125.12, subd. 6b(g) (1990), which reads:(g) A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave;

While it is agreed that no collective bargaining contract is involved here, the decision cannot begin and end with recitation of the quoted statutory provision.

Mohn was a junior high school principal on unrequested leave. See Mohn v.…

2Cases cited7 opinions

  1. Dokmo v. Independent School District No. 11Supreme Court of Minnesota · 1990
  2. Harms v. Independent School District No. 300Supreme Court of Minnesota · 1990
  3. State Ex Rel. Johnson v. Independent School District No. 810Supreme Court of Minnesota · 1961
  4. Jerviss v. Independent School District No. 294Supreme Court of Minnesota · 1978
  5. State Ex Rel. Dreyer v. Board of Education of Independent School District No. 542Supreme Court of Minnesota · 1984

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