Sawaya v. Tucson High School District No. 1

I am unable to agree with the majority for the reason that I believe the opinion is 'based upon an erroneous assumption. A judicial decision is only as sound as the assumptions upon which it is founded.

The decision of the majority is bottomed upon the incorrect assumption that appellee school district was engaged in a proprietary function for the reason that under the provisions of section 54-416, subsection 11, A.C.A.1939, it made a charge for permitting the use of its facilities for the limited purposes allowed in said section. If this assumption be unsound, the majority opinion is not…