Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BRESLOW v. BALDWIN TOWNSHIP SCHOOL DISTRICT. (06/28/62)

June 28, 1962

BRESLOW
v.
BALDWIN TOWNSHIP SCHOOL DISTRICT.



Original jurisdiction, No. 204, March T., 1962, in case of Ira M. Breslow, Thomas W. McGrew and G. Edward McLellan v. School District of Township of Baldwin. Defendant enjoined.

COUNSEL

Sidney M. Ruffin, with him John E. Perry, and Burgwin, Ruffin, Perry & Pohl, for plaintiffs.

Edward R. Lawrence, with him Paul, Lawrence & Rock, for defendant.

George F. Baer Appel, with him Benjamin R. Townsend, James J. Prendergast, and Townsend, Elliott & Munson, for Local Government Conference, under Rule 65.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Bell

[ 408 Pa. Page 122]

OPINION BY MR. CHIEF JUSTICE BELL

Was the amendatory Act of 1961 defining "assessed value" as market value, in determining an increase of debt of a school district, constitutional?

Plaintiffs, who are residents and taxpayers of the School District of Baldwin Township, Allegheny County, filed a complaint in this Court seeking to enjoin the defendant School District, a corporation, from issuing and selling a proposed $2,500,000 issue of general obligation bonds of the Baldwin Township School District.

This Court assumed original jurisdiction in this case under the provisions of Article V, § 3, of the Pennsylvania Constitution which pertinently provide: "The jurisdiction of the Supreme Court shall extend over the State, and the judges ... shall have original jurisdiction in cases of injunction where a corporation is a party defendant, ..." Such jurisdiction extends to corporations municipal in nature: Hyam v. Upper

[ 408 Pa. Page 123]

    of the corporate authorities thereof without the assent of the electors to an amount in the aggregate not exceeding two ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.