DocketNumber： CA A40054
Citation Numbers： 740 P.2d 186, 86 Or. App. 436
Judges： Hoomissen, Joseph, Van Hoomissen
Filed Date： 7/22/1987
Status： Precedential
Modified Date： 11/13/2024
dissenting.
Because the majority has chosen to reverse the decision of the Superintendent of Public Instruction on a ground not raised by petitioner, I dissent. Nowhere in petitioner’s brief has she cited 20 USC § 1415(c), the section on which the majority relies. Neither did she mention it in her oral argument to the court.
It is not the duty of this court to do for them the work that attorneys are paid to do, nor is it fair to the opposing party. Because petitioner did not raise the issue the majority uses as the basis of its decision, she has waived it, and we should not raise it for her in order to reverse the decision of the Superintendent. Accordingly, I respectfully dissent.