Legal Opinion · Dissent

Bismarck Public School District 1 v. State Ex Rel. North Dakota Legislative Assembly

North Dakota Supreme Court

Decided January 24, 1994No. Civ. 930079Published

1DissentSandstrom, Justice

We are asked to decide if North Dakota’s educational finance system meets the state constitution’s requirements that the Legislative Assembly “provide for a uniform system of free public schools,” and that “[a]ll laws of a general nature shall have uniform operation.”

Because the majority opinion’s analysis is seriously flawed, ignoring the clear meaning of the constitutional language, and the opinions of this Court, I dissent.

The district court declared virtually every education finance statute unconstitutional. The majority purports to affirm the district court; yet it declares no statute…

2Cases cited32 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Seattle School District No. 1 v. StateWashington Supreme Court · 1978
  3. Washakie County School District Number One v. HerschlerWyoming Supreme Court · 1980
  4. County of Stutsman v. State Historical Society of North DakotaNorth Dakota Supreme Court · 1985
  5. Lujan v. Colorado State Board of EducationSupreme Court of Colorado · 1982

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