Munro v. Elk Rapids Schs., 189 N.W.2d 224 (Mich. 1971). · Go Syfert
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Munro v. Elk Rapids Schs., 189 N.W.2d 224 (Mich. 1971). Cases Citing This Book View Copy Cite
82 citation events across 3 distinct courts.
Strongest positive: Dryden v. Marcellus Cmty. Schs. Bd. of Educ., 250 N.W.2d 782 (Mich. Ct. App. 1976)
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385 Mich. at 746 cited at this page1 citing case
  • Blurton v. Bloomfield Hills Bd. of Educ., 231 N.W.2d 535 (Mich. Ct. App. 1975).published
    The Supreme Court, upon rehearing in Munro v Elk Rapids Schools, 385 Mich 618 ; 189 NW2d 224 *746 (1971), in adopting the minority opinion of Justice, now Chief Justice, T.
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Munro
v.
Elk Rapids Schools
24 January Term 1970, Docket No. 52,508. No. 18 June Term 1971, Docket No. 52,508.
Michigan Supreme Court.
Aug 27, 1971.
Published opinion
189 N.W.2d 224
1971 Mich. LEXIS 213
Foster, Lindemer, Swift & Collins (by James A. White and Lynwood E. Beekman), for plaintiff., Zerafa & Zerafa (by Robert J. Kievit), for defendants., Amici Curiae: American Civil Liberties Union of Michigan (by Erwin B. Ellmann)., American Civil Liberties Union (by Melvin L. Wulf, Legal Director).
Black, Kavanagh, Adams, Brennan, Swainson, Williams.
Cited by 36 opinions  |  Published

Rehearing

On Rehearing

Per Curiam.

We granted rehearing in this case to reconsider the question which divided our Court[1] and to weigh the effect of Goldberg v. Kelly (1970), 397 US 254 (90 S Ct 1011, 25 L Ed 287) decided subsequent to our prior decision herein on the question of due process.

We are satisfied that the Michigan statute[2] properly interpreted fully satisfies the constitutional requirements of due process.

For the reasons set forth in the minority opinion heretofore filed herein and reported at 383 Mich 661, beginning at 688, which is hereby adopted as the opinion of this Court, we hold that under the statute, unless a probationary teacher is notified in writing that his work is unsatisfactory, upon completion of his probationary period he is entitled to employ[*620]ment with tenure status with all of its specified rights and privileges.

Let mandamus issue as prayed.

T. M. Kavanagh, C. J., and Adams, T. E. Brennan, T. G. Kavanagh, Swainson, and Williams, JJ., concurred.
1

(1970), 383 Mich 661.

2

MCLA § 38.71 et seq. (Stat Ann 1968 Rev § 15.1971 et seq.).

Dissent

Black, J.

(dissenting). I adhere to the majority opinion and decision (383 Mich 661). Nothing set forth in Goldberg v. Kelly (1970), 397 US 254 (90 S Ct 1011, 25 L Ed 2d 287), upon alleged strength of which the instant rehearing was ordered, is offended by our said decision. Indeed, Goldberg is not presently assigned as applicable to or for reversal of that decision.

My vote on rehearing is cast for affirmance of the judgment of the Court of Appeals (17 Mich App (368).