Legal Opinion · Dissent

Burnett v. Nix

Supreme Court of Arkansas

Decided March 4, 1968No. 5-4450Published

1Dissent

John A. Fogleman, Justice,

I respectfully dissent because I believe the majority is in error in ascribing such broad authority to the board of directors of a school district.

School districts derive all of their powers from the General Assembly. They can exercise only such powers as are expressly granted and such incidental powers as are necessary to the proper exercise of powers granted. Arkansas Nat’l Bank v. School District.No. 99, 152 Ark. 507, 238 S. W. 630; Casey v. Smith, 185 Ark. 149, 46 S. W. 2d 38; Scott v. Magazine Sp. School Dist. No. 15, 173 Ark. 1077, 294 S. W. 365; Lynn School…

2Cases cited14 opinions

  1. Safferstone v. TuckerSupreme Court of Arkansas · 1962
  2. Pugsley v. SellmeyerSupreme Court of Arkansas · 1923
  3. First National Bank v. WhisenhuntSupreme Court of Arkansas · 1910
  4. A. H. Andrews Co. v. Delight Special School DistrictSupreme Court of Arkansas · 1910
  5. American Exchange Trust Co. v. Trumann Special School DistrictSupreme Court of Arkansas · 1931

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