Legal Opinion · Dissent

Taos County Board of Education v. Sedillo

New Mexico Supreme Court

Decided April 9, 1940No. 4507Published

1DissentBrice, Justice

Section 11 of Article 9 of the State Constitution provides: “No school district shall borrow money, except for the purpose of erecting and furnishing school buildings or purchasing school grounds, and in such cases only when the proposition to create the debt shall have been submitted to the qualified electors of the district, and approved by a majority of those voting thereon. * * * ”

If not a grant of power, it is a limitation that prohibits such districts from incurring indebtedness unless certain formalities are followed. This court considered the precise question in Lanigan v. Gallup, 17…

2Cases cited18 opinions

  1. Weinberger v. Board of Public InstructionSupreme Court of Florida · 1927
  2. Lanigan v. Town of GallupNew Mexico Supreme Court · 1913
  3. Simpson v. TeftlerSupreme Court of Arkansas · 1928
  4. Roberts v. EymanIllinois Supreme Court · 1922
  5. White v. Board of Education of Silver CityNew Mexico Supreme Court · 1938

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