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67 N.M. 51

Trujillo v. State ex rel. Gandert

New Mexico Supreme Court

Decided April 27, 1960

New Mexico Supreme Court · decided 1960-04-27

Cited by 2 later decisions — most recently December 1962

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1960-04-27

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COMPTON, Justice

¶1(dissenting).

¶2The statute, the basis of the majority opinion speaks for itself,' and it would serve no beneficial purpose to discuss it, except to say I give it a different construction

¶3Unquestionably, prior to consolidation of the three rural school districts, 1, 8, and 27, District 1 alone met all legal requirements for certification as an independent rural school district, and as I view the statute, this was sufficient. The fact that districts 8 and 27 were unable to qualify is beside the point, they were extinguished by the consolidation. The effect of the majority opinion is simply to require a delay of 2 years before an independent rural school district can or may be established. I fail to find such intent expressed in the statute, nor is such intent implicit therein.

¶4Accordingly, I dissent.

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