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STATE EX REL. QUIRING v. ISD NO. 173

No. C8-00-1496.

623 N.W.2d 634 (2001)

STATE of Minnesota ex rel. Ellyn QUIRING, Relator, v. BOARD OF EDUCATION OF INDEPENDENT SCHOOL DISTRICT NO. 173, MOUNTAIN LAKE, MINNESOTA, Respondent.

Court of Appeals of Minnesota.

March 20, 2001.

Attorney(s) appearing for the Case

Dale G. Swanson, Forest Lake, MN, (for relator).

Gloria B. Olsen, Marie C. Skinner, Knutson, Flynn, Deans & Olsen, P.A., Mendota Heights, MN, (for respondent).

Considered and decided by RANDALL, Presiding Judge, PETERSON, Judge, and SHUMAKER, Judge.

OPINION

RANDALL, Judge

The school board placed relator on unrequested leave of absence under Minn.Stat. § 122A.40, subd. 11 (2000) based on the ground that it eliminated her position as principal. Relator contends that the position was not eliminated because other employees now perform her duties. She also argues respondent's reorganization scheme was arbitrary and capricious and that its ability to reorganize was limited by the teachers' continuing...

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