WYNKOOP v. WARWICK BD. OF SCHOOL DIR., 491 Pa. 283 (1980)

420 A.2d 1043

James E. WYNKOOP, Appellant, v. WARWICK BOARD OF SCHOOL DIRECTORS, Appellee.

Supreme Court of Pennsylvania.Argued April 14, 1980.
Decided September 22, 1980.

Appeal No. 390 January Term, 1978, from the Order of the Commonwealth Court, June 12, 1978, No. 1035 C.D. 1977,

Page 284

Affirming the Order of the Court of Common Pleas of Lancaster County Entered April 19, 1977, Trust Book No. 43, Page 186; Paul A. Mueller, Jr., Judge.

Gerald E. Ruth, York, for appellant.

Roger S. Reist, Lancaster, for appellee.

Before EAGEN, C. J., and O’BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION
PER CURIAM.

Order of the Commonwealth Court is affirmed.

ROBERTS, J., filed a dissenting opinion.

ROBERTS, Justice, dissenting.

I dissent. The Local Agency Law, Act of December 2, 1968, P.L. 1133, § 4, 53 P. S. § 11304, required appellee school district to provide appellant James Wynkoop a hearing before terminating his contract of employment. Because appellant’s termination did not become valid under the act until he was provided with a proper hearing, he is entitled to appropriate relief.