Full title: Marjorie Lingle, Plaintiff-Appellant, v. Harry M. Slifer et al., as…
Court: Appellate Court of Illinois, Fourth District
Case No. 55-O-16.
Date published: Feb 23, 1956
Fact:
Marjorie Lingle, referred to as the plaintiff, filed a petition for a Writ of Mandamus against the Board of Education of St. Elmo Community Unit School District Number 202. She sought reinstatement as a school teacher for the school year of 1954-1955, claiming protection under the Illinois Teachers Tenure Act. The Board had notified her that her position was abolished, and she was dismissed in accordance with the Act’s provisions. Plaintiff contested the dismissal, arguing that her position had not been genuinely abolished.
Issue:
The main issue is whether the plaintiff was wrongfully dismissed from her teaching position, despite the Board’s assertion that her position was legitimately abolished, and whether she is entitled to reinstatement under the Illinois Teachers Tenure Act.
Decision:
The Court affirmed the judgment of the Circuit Court of Fayette County, ruling against the plaintiff’s petition for a Writ of Mandamus. The Court found that there was compliance with the notice requirements of the Teachers Tenure Act, and the position formerly held by the plaintiff was genuinely abolished. The Court also noted that a statute like the Teachers Tenure Act should be strictly construed in favor of the Board or person subject to its operation. Therefore, the plaintiff failed to establish her right to mandamus relief, and the judgment of the lower court was affirmed.