Rose v. Currituck County Bd. Of Education

In Rose v. Currituck County Bd. of Education, 83 N.C. App. 408, 350 S.E.2d 376 (1986), the plaintiff sought reinstatement as a teacher in the defendant's school system, back pay, and other benefits arising out of the defendant's alleged violation of the teacher tenure act. The defendant argued that because plaintiff resigned as a probationary principal, he automatically forfeited his rights as a career teacher and the dismissal procedures for career teachers were inapplicable. Our Court disagreed with the defendant and held that plaintiff, as a probationary principal, had a statutorily protected right as a career teacher until he resigned as a career teacher, which could not be stripped from him without proper notice and a hearing. The defendant argued that the plaintiff's action was barred by the two-year statute of limitations in N.C.G.S. 1-53 (1), but our Court stated that the applicable statute of limitations was the three-year statute in N.C.G.S. 1-52 (2) "upon liability created by statute." Rose, 83 N.C. App. at 412, 350 S.E.2d at 379.