Legal Opinion · Concurrence

Behnke-Walker Business College v. Multnomah County

Oregon Supreme Court

Decided September 7, 1943Published

1ConcurrenceKelly, J.

(Specially concurring.)

I concur in the result attained by the majority of the court, but cannot concur in the reasoning upon which the majority reach that result.

I think that no authority has been cited from a jurisdiction having our statutory provisions that holds the property of a business college to be exempt from taxation. In other words, no authority has been brought to my attention holding that a business college is either a literary or scientific institution. For that reason, I concur with the majority in holding that the decree of the trial court should be reversed.

I do not concur in…

2Cases cited31 opinions

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Yale University v. Town of New HavenSupreme Court of Connecticut · 1899
  3. Assessors of Boston v. Garland School of Home MakingMassachusetts Supreme Judicial Court · 1937
  4. State v. Carleton CollegeSupreme Court of Minnesota · 1923
  5. Lummus v. Florida-Adirondack School, Inc.Supreme Court of Florida · 1934

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