Dunker v. Brown County Board of Education

HANSON, P. J„

(dissenting). I am unable to concur.

The scope of judicial review over administrative action is not involved. No party raised the question in the trial court or in this court. It is a constitutional, rather than a jurisdictional, question which has been injected into the case by the majority of this court and by them determined without benefit of a hearing, briefs or oral argument. As such it may be considered dictum. Munns v. Stenman, 152 Cal.App.2d 543, 314 P.2d 67. Furthermore, the extent of this far reaching dictum is not indicated for the edification and future guidance of…