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HOWELL v. WOODLIN SCHOOL DIST. R-104

No. 28267.

596 P.2d 56 (1979)

Roy HOWELL, Plaintiff-Appellee, v. WOODLIN SCHOOL DISTRICT R-104, Dwane Gilbert, Dean Davis, Myrna Bacon, Marshall Fraiser, Gerald Schreiber, Florence Halley, and Tom Porter, Individually and as Directors of said District, and Dale Trim, Robert Griese, Homer E. Hill, Ted Hicks, Iris Riley, Ivan Adkins and Lee Ruark, Individually and as former Directors of said District, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 2, 1979.

Attorney(s) appearing for the Case

Hobbs & Waldbaum, P. C., Larry F. Hobbs, Douglas B. Koff, Stephan E. Uslan, Denver, for plaintiff-appellee.

Yegge, Hall & Evans, James C. Perrill, Carol M. Welch, Denver, Edward L. Zorn, Fort Morgan, for defendants-appellants.

GROVES, Justice.

The Woodlin School District (hereinafter Woodlin), did not renew the contract of Howell, a tenured teacher, pursuant to the portion of the Teachers' Employment, Dismissal, and Tenure Act which permits cancellations when justifiable decreases in the number of teaching positions have occurred. The district court ruled that section 22-63-112(3), C.R.S.1973, under which Woodlin acted, is unconstitutional because it does not provide for a hearing or other...

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