dissenting:
I respectfully dissent.
Here, as in State ex rel. Sights v. Edwards (1949) 228 Ind. 13, 88 N.E.2d 763 (opinion on rehearing 89 N.E.2d 443):
“The language used in the notice presented to [Richman] clearly and unmistakably indicated the purpose of the [Board] not to renew [Richman’s] contract for the succeeding year.” 228 Ind. 13, 20, 88 N.E.2d 763, 765.
Pursuant to I.C. 20-6-4-4, the notice was in writing and was delivered in person. It met the technical requirements of the statute, particularly in light of the fact that Richman clearly understood the written memo to represent and indicate the fact that the Board had voted not to renew his contract. In my view the holding of the majority serves to require more form than does the statute itself and to elevate that form over substance.
Additionally, Richman’s argument that the Board agreed to reconsider its decision has no relevance to whether the notice given was adequate to inform him of the decision which had been made. Whether a Board does or does not reconsider at a subsequent time, or even whether the Board intends to reconsider, does not adversely affect the finality of the decision already made. Nor does it adversely affect the notice given of that decision.
I would reverse and remand to the trial court with instructions to enter judgment for the defendants.