Opinion

Randol v. Newberg Public School Board

23 Or. App. 425
542 P.2d 938
1975 Ore. App. LEXIS 1002

Court: Court of Appeals of Oregon
Filed: Nov 24, 1975
Status: Published
Author: Thornton
On the bench: Schwab, Langtry, Thornton
Cited by: 0 cases
Authority: More cited than 5.1%

The opinion

THORNTON, J.,

specially concurring.

I agree with the majority that the defendant school board had the legal authority to adopt the challenged no smoking regulation and to suspend petitioner for violating it.

The majority seems to base its conclusion on the *428 rationale of Neuhaus v. Federico, 12 Or App 314 , 505 P2d 939 , Sup Ct review denied (1973), which I believe to have been incorrectly decided.

Accordingly, I wish to be recorded as concurring here for the reasons expressed in the dissenting opinion in Neuhaus .

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