Legal Opinion · Concurrence

Stene v. School Board of Beresford Ind. School Dist., No. 68

South Dakota Supreme Court

Decided April 2, 1973No. File 11174, 11175Published

1Concurrence

RENTTO, Associate Judge*

(concurring specially).

These appeals were submitted without oral argument and assigned to me. Because the opinion which I prepared did not gain the support of my colleagues, the matters were reassigned resulting in the majority opinion. While my rejected opinion affirmed the judgments appealed from, as does the majority, they arrived at that result by different routes. Accordingly, I am filing my opinion herein.

The respondent school board on March 1, 1972 enacted a resolution determining that there was a surplus in the general fund of its school district and authorized…

2Cases cited24 opinions

  1. White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
  2. In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
  3. Miller v. HenryOregon Supreme Court · 1912
  4. State Ex Rel. Parker v. YoungquistSouth Dakota Supreme Court · 1943
  5. Sherman v. StateSouth Dakota Supreme Court · 1910

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