BD. OF ED. OF PULASKI COUNTY v. BURKETT


525 S.W.2d 747 (1975)

BOARD OF EDUCATION OF PULASKI COUNTY, Kentucky, Appellant, v. Garvis BURKETT, Appellee.

Court of Appeals of Kentucky.

May 23, 1975.


Attorney(s) appearing for the Case

John T. Mandt, Somerset, for appellant.

Arthur L. Brooks, Lexington, Lester H. Burns, Jr., Somerset, for appellee.


LUKOWSKY, Justice.

This is an appeal from a judgment of the Pulaski Circuit Court which determines that KRS 161.790(3) and (4) violate the 14th Amendment of the Constitution of the United States. We reverse and remand.

The rationale of the judgment is that a "tenured teacher" who is removed in the manner provided there is deprived of property interests and contract rights without procedural due process, because the school board is cast into and occupies the...

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