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SOUTHEASTERN GREENE JOINT SCHOOL DISTRICT v. DUNKARD TOWNSHIP SCHOOL DISTRICT (05/28/59)

May 28, 1959

SOUTHEASTERN GREENE JOINT SCHOOL DISTRICT
v.
DUNKARD TOWNSHIP SCHOOL DISTRICT, APPELLANT.



Appeal, No. 90, March T., 1959, from order of Court of Common Pleas of Greene County, June T., 1958, No. 154, in case of Southeastern Greene Joint School District et al. v. Dunkard Township School District. Order affirmed; reargument refused July 2, 1959. Proceedings for declaratory judgment. Before HOOK, P.J. Adjudication entered finding for plaintiff, and order entered. Defendant, school district, appealed.

COUNSEL

W. Robert Thompson, with him John E. Baily, and Thompson and Baily, for appellant.

Thomas R. Balaban, with him Smith, Marion & Balaban, for appellees.

Before Jones, C. J., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Cohen

[ 396 Pa. Page 210]

OPINION BY MR. JUSTICE COHEN

The appellee, Southeastern Greene Joint School District, is comprised of four fourth class school districts: Monongahela Township School District, Greene Township School District, School District of the Borough of Greensboro, and Dunkard Township School District. The system was first organized on August 7, 1951 by three of the districts - The Greene Township School District came into the jointure at a subsequent date.

The joint school agreement in this case was entered into for the purpose of establishing a joint school, grades seven to twelve inclusive, and for erecting a high school building. It also provided that affairs of the joint district would be administered by a "joint school committee" composed of one director and one alternate from each of the school districts participating in the said joint school, as provided in Article 17 of the Public School Code of 1949, P.L. 30, as amended, 24 P.S. ยง 17-1707.

From the date of this joint school agreement the boards, insofar as the selection of a site for the high school building was concerned, followed the provisions of the jointure contract. Various meetings and discussions were held concerning the selection of a site

[ 396 Pa. Page 211]

    and in October, 1957, the joint school committee approved the purchase of the Barb land as a site for $3000. Bills for their pro rata share of the cost were submitted to each member district and all, except Dunkard, the appellant, paid.

On January 8, 1958, Dunkard Township adopted a resolution wherein it refused to execute the necessary form for use with state public school building authority applications, and further resolved it would not be obligated by member districts of Southeastern Greene Joint School District for a building program without its expressed approval. The appellee joint school district filed a petition for a declaratory judgment against Dunkard Township to determine if the appellant school board is obligated to participate and cooperate in the construction of the senior high school building.

After hearing testimony, the lower court issued an order declaring that the appellant was bound by the action of the joint school district to purchase the Barb land and pay its pro rata share of the cost. It also found that Dunkard is bound by any decision of the joint school district concerning the construction and financing of the senior high school building when the decision is made with the concurrence of a majority of the members of two-thirds of the constituents of the district and a majority of all the individual members of the various boards, and that the appellant is also bound by any decision of the joint school committee receiving the affirmative vote of a majority of the members thereof of any and all matters lately delegated to ...


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