Opinion

Northshore School District No. 417 v. Kinnear

  • 84 Wash. 2d 685
  • 530 P.2d 178
  • 1974 Wash. LEXIS 773
Court
Washington Supreme Court
Filed
Dec 16, 1974
Status
Published
Author
Weaver
On the bench
Hale, Rosellini, Weaver, Stafford, Utter
Cited by
26 cases

Overruled on other grounds by Seattle School District No. 1 v. State, 90 Wash. 2d 476 (1978)

arguing that because the right to an ample education is fundamental, the State may not escape its duty to provide education regardless of whether a compelling interest is present

How later courts described this case

  • arguing that because the right to an ample education is fundamental, the State may not escape its duty to provide education regardless of whether a compelling interest is present
  • mandating new uniform teacher performance standards for 2010

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Seattle School District No. 1 v. State, 90 Wash. 2d 476 (1978)

    Kinnear, 84 Wash.2d 685, 729, 530 P.2d 178 (1974) (plurality opinion), overruled on other grounds by Seattle Sch. Dist. No. 1, 90 Wash.2d at 514, 585 P.2d 71 ).
    Washington Supreme CourtSep 28, 19788 citing opinionsother groundsRead it

The opinion

Weaver, J. *

(concurring in the result) — I am discomforted, chagrined, and mortified by the language of the dissent that describes the majority opinion as “a legal pygmy of doubtful origin” that “may be short-lived” done in a “cavalier manner.”

On the other hand, there are certain subsidiary conclusions in the majority opinion that I do not believe necessary to the opinion and with which I do not agree. They are not, however, sufficient to deter me from my final conclusion: As I view and understand the record, petitioners have not established their case.

The petition herein for writs of mandate and prohibition should be denied; therefore, I concur in the result of the majority opinion.

Justice Weaver is serving as a justice pro tempore of the Supreme Court pursuant to Const, art. 4, § 2(a) (amendment 38).

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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