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Tipka v. Lincoln Int'l Charter School

Court of Appeals of Minnesota

June 8, 2015

Bradley Tipka, Relator,
v.
Lincoln International Charter School, Respondent

Lincoln International Charter School.

SYLLABUS

A charter school board's allegedly improper employment decision to discharge its principal is not subject to this court's review by writ of certiorari under Minnesota Statutes section 480A.06, subdivision 3, because a charter school is not a public corporation.

For Relator: David P. Jendrzejek, Moss & Barnett, Minneapolis, Minnesota.

For Respondent: William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, Minnesota; and John A. Cairns, John Cairns Law, P.A., Minneapolis, Minnesota.

Considered and decided by Peterson, Presiding Judge; Ross, Judge; and Johnson, Judge.

OPINION

Page 372

ROSS, Judge

Minnesota nonprofit corporation Lincoln International Charter School employed Bradley Tipka as its executive director until August 2014, when Lincoln's board

Page 373

terminated his employment. Tipka petitioned this court for writ of certiorari to review the termination decision. He maintains that we should nullify the board's termination decision because two board members voting to discharge him were statutorily unqualified to serve on the board. He also contends that the decision was arbitrary. We questioned jurisdiction before oral argument, and counsel for both parties provided thorough and helpful responses. Counsel for the parties agree that this court lacks jurisdiction for the requested certiorari review. The controlling statutes lead us to the same conclusion, and we therefore discharge the writ.

ISSUE

Does this court have subject matter jurisdiction under Minnesota Statutes section 480A.06, subdivision 3, to issue a writ of certiorari reviewing the alleged unlawfulness of a charter ...


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