Legal Opinion · Dissent

Pike v. SCHOOL DISTRICT NO. 11 IN EL PASO COUNTY

Supreme Court of Colorado

Decided August 31, 1970No. 24657Published

1DissentJustice Kelley

I respectfully dissent from the decision of the court. My basic exception to the majority opinion relates to its cursory treatment and disposition of the issue of sever-ability of “taxpaying.”

The only authority cited in support of the majority’s holding is School District No. 1 v. School Planning Committee, 164 Colo. 541, 437 P.2d 787. Perhaps inadvertently, the court employs part of the rule, but overlooks what is, to me, the important portion of the rule.

To illustrate my point, I quote from the cited case:

*420“* * * In such a situation, the remaining portions of the statute will be held valid…

2Cases cited9 opinions

  1. Kramer v. Union Free School District No. 15Supreme Court of the United States · 1969
  2. Cipriano v. City of HoumaSupreme Court of the United States · 1969
  3. City of Phoenix v. KolodziejskiSupreme Court of the United States · 1970
  4. City & County of Denver v. LynchSupreme Court of Colorado · 1932
  5. Four-County Metropolitan Capital Improvement District v. Board of County CommissionersSupreme Court of Colorado · 1962

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