School District of Omaha v. State Bd. of Education

Clinton J.,

concurring.

I concur in the majority opinion. I add the following. - At the hearing before the State Board of Education, *91both it and the plaintiff school district construed the statute to make section 12 and its limitations applicable to the plaintiff. Its application for relief under the “hardship” provision was founded on the premise that the limitation of the section was applicable. Its appeal to the district court was primarily on that premise.

The legislative intent is to be sought, first of all, within the bounds of the statute itself. S'et forth following are: 1. A draft of…