Opinion

Marty v. Board of Education

  • 68 O.B.A.J. 2775
  • 944 P.2d 930
  • 1997 OK 111
  • 1997 Okla. LEXIS 107
  • 1997 WL 473641
Court
Supreme Court of Oklahoma
Filed
Aug 15, 1997
Status
Published
Author
Ala
On the bench
Watt, Ala, Kauger, Summers, Hodges, Lavender, Hargrave, Wilson, Opala
Cited by
35 cases
Authority
More cited than 5.9%

"This court will not assume that the Legislature has done a vain and useless act. Rather it must interpret legislation so as to give effect to every word and sentence."

How later courts described this case

  • "This court will not assume that the Legislature has done a vain and useless act. Rather it must interpret legislation so as to give effect to every word and sentence."

Written by the judges who cited it.

The opinion

OP ALA, J.,

concurring in result.

I concur in result. The trial court’s ruling for the child’s transfer should be affirmed on a legal basis different from that urged below and on appeal. The public interest clearly supports the child’s position. That interest favors continuity of attendance “once a child’s residential status has been honestly established and openly maintained.... ” The school district is hence estopped by a long period of acquiescence to refuse the transfer that was sought in this ease. Burdick v. Independent School Dist., 1985 OK 49 , 702 P.2d 48, 54-56 .

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.