Board of Trustees of Weston County School Dist. No. 1 v. Holso, s. 4807
| Decision Date | 21 November 1978 |
| Docket Number | 4808,Nos. 4807,s. 4807 |
| Citation | 587 P.2d 203 |
| Parties | BOARD OF TRUSTEES OF WESTON COUNTY SCHOOL DISTRICT NO. 1, Weston County, Wyoming (John Ratigan, William Stearns, Ted Elliott, Robert Engle, Lyle Sylte, Max Decker, Fred Ertman, Jerry Dixon, and James Griffin, in their official capacity) Appellants (Some of defendants below), v. David L. HOLSO, Appellee (Plaintiff below). A. L. ALBERT, Individually, Appellant (One of defendants below), v. David L. HOLSO, Appellee (Plaintiff below). |
| Court | Wyoming Supreme Court |
Appellants-defendants having petitioned this court for a rehearing of their appeals on the ground that the decision of the court in Board of Trustees of Weston County School District No. 1 v. Holso, Wyo., 584 P.2d 1009, represented a substitution of judgment for that of the school board, and further for the reason that this court erroneously found liability on the part of A. L. Albert, and
It being the settled law that rehearing will not be granted where the application presents no new facts but instead undertakes to reiterate the arguments made on the appeal, or where the effect of the application is to ask the court to review its decision on points and authorities already determined, Elmer v. State, Wyo., 466 P.2d 375, 376, and
It being apparent from a reading of the appellants' brief in support of the petition that the defendants have merely restated the arguments raised previously and discussed in the dissenting opinions to our original decision, and
It appearing to the court that the original decision has considered and disposed of each point raised in the original appeal:
NOW, THEREFORE, the petition for rehearing is denied, as is the Wyoming School Boards Association's Motion for Leave to Appear as Amicus Curiae.
I dissent from the order of the court denying a rehearing. It is my individual view that the majority arrived at an erroneous conclusion and overlooked important matters necessary to a correct decision, as outlined in my dissent to the majority decision. I am also now convinced, upon reflection, that I should not have joined with the majority sustaining reinstatement of the plaintiff. The court, in reinstating plaintiff as a school teacher and awarding back pay and benefits, has deprived the school board of its role as fact finder and substituted its judgment for that of the school board. Shenefield v. Sheridan County School District No. 1, Wyo.1976, 544 P.2d 870. Even...
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Four Nines Gold, Inc. v. 71 Const., Inc.
...415 P.2d 613; Board of Trustees of Weston County School Dist. No. 1, Weston County v. Holso, 584 P.2d 1009, reh. denied 587 P.2d 203 (Wyo.1978); and Kvenild v. Taylor, 594 P.2d 972 (Wyo.1979)). Furthermore, we then said: Nor will we attempt to formulate any hard and fast definitions for the......
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Texas West Oil and Gas Corp. v. Fitzgerald
...a like result was earlier found in Board of Trustees of Weston County School District No. 1 v. Holso, Wyo., 584 P.2d 1009, reh. denied 587 P.2d 203 (1978). Two Wyoming cases with some general relevancy are Allen v. Safeway Stores Incorporated, Wyo., 699 P.2d 277 (1985), and Wartensleben v. ......
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Carlson v. Carlson
...with a contract. In Board of Trustees of Weston County School District No. 1 v. Holso, 584 P.2d 1009, 1016-17, reh. denied 587 P.2d 203 (Wyo.1978), we said that those are: "(1) [T]he existence of a valid contractual relationship or business expectancy; "(2) knowledge of the relationship or ......
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Dynan v. Rocky Mountain Federal Sav. and Loan
...v. Taylor, 594 P.2d 972 (1979); Board of Trustees of Weston County School District No. 1 v. Holso, 584 P.2d 1009, reh. denied 587 P.2d 203 (Wyo.1978). The third element is the critical one in this case because it demands that the plaintiff demonstrate that the defendant's actions were both ......