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ZOLLINGER v. WARNER

TC Nos. 76-3176 to 76-3178; CA Nos. 7610, 7619 and 7622; SC 25809.

593 P.2d 1107 (1979)

286 Or. 19

Charles W. ZOLLINGER, Petitioner, v. Howard WARNER, Jonathan West, James Britton, Donna Kernutt, Frank Nearing, James Jepperson, As Members of the Board of Directors of School District No. 4J, Lane County, School District No. 4J, a School District within the State of Oregon, and Thomas Payzant, As Clerk and Superintendent of School District No. 4J, Lane County, Respondents, Margaret Gontrum, Defendant. C. Wayne Flynn, Petitioner, v. HOWARD WARNER ET AL., Respondents, Margaret Gontrum, Defendant. C. Clifford Moffitt, Petitioner, v. Howard WARNER et al., Respondents, Margaret Gontrum, Defendant.

Supreme Court of Oregon.

Decided April 3, 1979.

Attorney(s) appearing for the Case

Arthur C. Johnson, Eugene, argued the cause for petitioners. With him on the briefs were R. Scott Palmer, Stanton F. Long, Timothy J. Sercombe and Michael L. Williams of Johnson, Harrang & Mercer, Eugene and Darst B. Atherly and George A. Burgott of Thwing, Atherly & Butler, Eugene, attorneys for Nat. Ass'n of Secondary School Principals, amicus curiae.

Bruce E. Smith, Eugene, argued the cause for respondents. With him on the briefs were Orlando John Hollis and Young, Horn, Cass & Scott, Eugene.

Robert D. Durham of Kulongoski, Heid, Durham & Drummonds, Eugene, filed a brief amicus curiae for Oregon Ed. Association.

Darst B. Atherly, George A. Burgott and Thwing, Atherly & Butler, Eugene, filed a brief amicus curiae for the Nat. Ass'n of Secondary School Principals.

Edward C. Harms, Jr., and Harms & Harold, Springfield, filed a brief amicus curiae for Oregon School Boards Assn.

Before DENECKE, C.J., and HOLMAN, TONGUE and HOWELL, JJ.

Argued and Submitted in Eugene November 3, 1978.

HOLMAN, Justice.

In April 1976, the Superintendent of Schools for the Eugene School District No. 4J, with the consent of the District School Board, transferred the plaintiffs, three senior high school principals, to positions as junior high school principals. Each of the plaintiffs had served for more than three years as a senior high school principal and possessed what is known as "administrative tenure" under...

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