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HARMS v. IND. SCH. DIST. NO. 300

No. CX-88-2226.

450 N.W.2d 571 (1990)

Howard E. HARMS, Respondent, v. INDEPENDENT SCHOOL DISTRICT NO. 300, LaCRESCENT, Minnesota, Petitioner, Appellant.

Supreme Court of Minnesota.

January 26, 1990.

Attorney(s) appearing for the Case

Philip A. Gartner, Steven M. Hardy, Gartner, Shulman & Erwin, Ltd., Lake City, for appellant.

Michael J. Vanselow, Oppenheimer, Wolff & Donnelly, St. Paul, for respondent.

William F. Garber, Garber & Kaspari, St. Louis Park, for amicus curiae, Minnesota Federation of Teachers.

Joseph F. Flynn, Knutson, Flynn, Hetland & Deans, St. Paul, for amicus curiae, Minnesota School Boards Ass'n.

Heard, considered, and decided by the court en banc.

POPOVICH, Chief Justice.

Respondent teacher, who previously had been placed on unrequested leave of absence ("ULA") by appellant Independent School District No. 300, LaCrescent, Minnesota ("the District"), twice was not reinstated when the District reestablished a position. Instead, the District recalled two less senior teachers from ULA, refusing to realign its teachers to accommodate respondent. Respondent brought a declaratory judgment action to determine his right...

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