Frazer School District No. 2 v. Forsness

MR. JUSTICE SHEEHY,

dissenting:

Again I dissent, as I did in the companion case, Frazer School District No. 2 v. Flynn (Mont. 1987), [225 Mont. 299,] 732 P.2d 409, 44 St.Rep. 248, and for the same reasons. Both of these decisions severely limit the statutory discretionary power lodged in the Superintendent of Public Instruction on matters of controversy appealed to the Superintendent under Section 20-3-107, MCA.

MR. JUSTICE HUNT concurs in the foregoing dissent.