Volkman v. Miller

Greenblott, J. (dissenting).

We respectfully dissent from the majority opinion. While we agree that the present action is properly one for declaratory judgment, we do not believe that the complaint should be dismissed or that the system should be declared constitutional.

*150The majority grant the defendants’ motion for summary judgment dismissing the complaint and hold that the challenged system is constitutional. They have apparently done so on the ground that the plaintiffs’ affidavit in opposition lacks sufficient "factual support”, and from conclusions drawn "from the evidentiary matter…