Appeal, No. 223, March T., 1960, from judgment of Court of Common Pleas of Westmoreland County, July T., 1958, No. 230, in re apportionment and adjustment of indebtedness between School District of City of Greensburg etc. Judgment affirmed.
Vincent E. Williams, with him Smith, Best & Horn, for appellant.
Sidney M. Ruffin, with him A. Frank Steiner, and Burgwin, Ruffin, Perry & Pohl, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BELL.
This appeal which is in the nature of a narrow certiorari was taken from a judgment of the Court of Common Pleas of Westmoreland County entered against the School District of the City of Greensburg, the present appellant.
This controversy arose after the City of Greensburg had annexed a portion of Hempfield Township known as "Estelle Heights." The annexation occurred in 1955. On November 29, 1956 the State Council of Education, after having previously disapproved the annexation, approved the annexation of "Estelle Heights" for school purposes. Thereafter representatives of the Greensburg School District and the Hempfield Township
School District met in an effort to reach an amicable agreement for the apportionment and adjustment of the assets and indebtedness of the two school districts. When this failed, the Hempfield School District petitioned the Court below for the appointment of Commissioners under the Provisions of the Public School Code of March 10, 1949, P.L. 30, §§ 272, 273, 24 P.S. §§ 2-272, 2-273. Commissioners were appointed, a hearing was held and thereafter a report was filed by them with the Court below. The Commissioners awarded the sum of $19,086.69 to the Hempfield Township School District; this sum was to be paid by the Greensburg School District.
The Greensburg School District filed exceptions to the report alleging, inter alia, (1) that the Commissioners exceeded their jurisdiction by considering the indebtedness of the Hempfield Area Joint School Building Authority and the Hempfield Township School Building Authority and (2) that the Commissioners failed to fully exercise their jurisdiction by failing to award Greensburg School District part of the assets of Hempfield Township School District. The exceptions were heard by the Court below en banc, which affirmed the report of the Commissioners and entered judgment thereon.
The Public School Code, supra, § 275, provides pertinently: "In case exceptions are filed to the report of the commissioners, the court shall dispose of the same,... The decision of the [lower] court thereon shall be final and binding on the several districts, without any right of appeal."*fn*
In Dauphin Deposit Trust Co. v. Myers, 388 Pa. 444, 130 A.2d 686, the Court said (page 460): "Where [as here] a statute expressly provides that there shall be no ...