Opinion

Goodin v. Board of Education of Independent School District No. 14

  • 601 P.2d 88
  • 1979 OK 87
  • 1979 Okla. LEXIS 296
Court
Supreme Court of Oklahoma
Filed
Jun 12, 1979
Status
Published
Author
Irwin
On the bench
Barnes, Doolin, Hargrave, Hodges, Irwin, Lavender, Opala, Simms, Williams
Cited by
6 cases
Authority
More cited than 22.7%

The opinion

IRWIN, Vice Chief Justice,

dissenting.

In my opinion, the Smithville School District (appellant) is entitled to a proportionate share of the Forest Reserve rental moneys based only upon the student population from LeFlore County. I find no basis for apportionment based upon any student population from McCurtain County. If appellant is entitled to apportionment based upon the student population of both counties, it would also be entitled to an apportionment from both counties if the Smith-ville School District were contiguous to a Forest Reserve in McCurtain County. Surely the Legislature did not intend this result and the enactment should not be so construed. 1

*92 The opinion of the Attorney General does not disclose whether the school districts were located in one or more counties.

I respectfully dissent.

I am authorized to state that Justices HARGRAVE and OPALA concur in the views herein expressed.

. In Protest of Chicago, R. I. & P. Ry. Co., 137 Okl. 186 , 279 P. 319 (1929) we held: .

“Legislative intent must govern in construction of statutes; entire act must be considered, together with other enactments on same subject, in determining legislative intent; words of statutes may be modified, altered, or supplied, to give statute force and effect which Legislature intended.

Courts are bound to presume that Legislature did not intend absurd consequences in accordance with literal meaning of statute; courts are bound to adopt construction of statute which will promote ends of justice and avoid absurdity.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.