Opinion

McLain v. Lafferty

  • 257 Or. 553
  • 480 P.2d 430
  • 1971 Ore. LEXIS 497
Court
Oregon Supreme Court
Filed
Feb 10, 1971
Status
Published
Author
O'Connell
On the bench
Denecke, O'Connell
Cited by
11 cases

that is a "cardinal rule of statutory construction"

How later courts described this case

  • that is a "cardinal rule of statutory construction"

Written by the judges who cited it.

The opinion

O’CONNELL, C. J.,

dissenting.

It is my opinion that ORS 485.020 was intended to be an autonomous statute dealing with the operation of school busses in relation to the safety of the children transported by school bus and that ORS 483.362 was not intended to control in those circumstances. It is provided in ORS 485.050 that the Department of Education has the power to implement ORS 485.020 by adopting regulations relating to the safety of the operation of school busses. In my opinion Regulation 19, adopted by the Department, was within the authority granted to it under ORS 485.050.

Howell, J., joins in this dissent.

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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