Opinion

Manjares v. Newton

  • 64 Cal. 2d 365
  • 49 Cal. Rptr. 805
  • 411 P.2d 901
  • 1966 Cal. LEXIS 261
Court
California Supreme Court
Filed
Mar 18, 1966
Status
Published
Author
Burke
On the bench
Burke, McComb, Mosk, Peek, Peters, Tobriner, Traynor
Cited by
35 cases

The opinion

BURKE, J.

-I dissent. I would reverse the judgment for the reasons expressed by Mr. Presiding Justice Draper in the opinion prepared by him for the District Court of Appeal in Manjares v. Newton (Cal.App.) 44 Cal.Rptr. 343 . As declared in that opinion, “There is testimony that reasons of safety, economy and policy support the board’s decision. The contrary evidence, given its utmost effect, shows only that there may be some basis for contrary conclusions on these questions. But under the statute [Ed. Code, § 16801], the decision is for the board, and not the courts. At most, the wisdom of the board’s decision is reasonably debatable. That is not enough to warrant the finding [of abuse of discretion] here made.”

McComb, J., concurred.

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.

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