Board of Education of Duncan v. Johnston

(specially concurring). While I agree that the plaintiff’s right to have the levies made is barred by laches, I am of the further opinion that there is no statute authorizing a school district to levy and collect a tax during one fiscal year to pay special assessments that should have been collected and paid during a prior fiscal year, and consequently, since there is no clear legal right or duty to do so, mandamus will not lie to compel it. Marland v. Hoffman, 184 Okla. 591, 89 P. 2d 287. I reach this conclusion bjr the application of the following well-settled principles of law:

1. Municipal…