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AMITY TOWNSHIP SCHOOL DISTRICT v. DANIEL BOONE JOINT SCHOOL SYSTEM. (06/05/63)

June 5, 1963

AMITY TOWNSHIP SCHOOL DISTRICT, APPELLANT,
v.
DANIEL BOONE JOINT SCHOOL SYSTEM.



Appeal, No. 130, Jan. T., 1963, from decree of Court of Common Pleas of Berks County, Equity Docket, 1961, No. 2931, in case of School District of Township of Amity, Amity Township Taxpayers' League, and Union Township Taxpayers' League v. Daniel Boone Joint School System, Scholl District of Township of Union, and School District of Borough of Birdsboro. Decree affirmed.

COUNSEL

David L. Levan, with him Jan L. Deelman, Victor R. Bieber, John E. Ruth, and Ruth, Weidner, Woerle & Yoder, for appellants.

Paul H. Rhoads, with him John C. Bradley, Robert D. Myers, and Rhoda, Stoudt & Bradley, and Rhoads, Sinon & Reader, for appellees.

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

Author: Musmanno

[ 411 Pa. Page 189]

OPINION BY MR. JUSTICE MUSMANNO

The unanimity of desire for a desired collective result carries no assurance that there will be complete accord among the interested parties as to the method to be employed in achieving that result. Three school districts in Berks County - the Township of Amity, Township of Union and the Borough of Birdsboro - formed the Daniel Boone Joint School System and agreed that there should be erected in the approximate geographical center of their combined districts a junior senior high school to meet the pressing educational demands of the area, the present buildings being inadequate

[ 411 Pa. Page 190]

    to accommodate the pupil enrollment. Many classes were meeting in a church, on the stage of an auditorium and in the school cafeteria.

The majority of the representatives of the three districts, sitting as the Joint School System, decided that the contemplated school building should rise in a locale known as maple Springs. The District of Amity Township protested and filed a complaint in equity against the other two districts and the Joint School System to prevent the purchase of Maple Springs. Two organizations known as the Amity Township Taxpayers' League and Union Township Taxpayers' League intervened as parties plaintiffs. The Court of Common Pleas of Berks County granted a rule to show cause why a preliminary injunction should not be granted. After due hearing, the chancellor dismissed the complaint. The plaintiffs appealed.

It would appear from the record that there is an immediate need in the Daniel Boone Joint School System for a new high school building, and that unless it soon rears its walls to house the swollen enrollment, half-day schedules will need to be instituted.

The Joint Board (composed of 15 members, 5 from each of the three districts) appointed in 1959 a committee made up of two members from each of the three districts, plus the President of the Joint Board, to canvass the area and report on a desirable site for the contemplated structure. The committee accepted suggestions from the three individual districts, examined the recommended sites, and finally made a unanimous recommendation that the Joint Board select one of two locations: Maple Springs and Amity Gardens. The Joint Board, again by a unanimous vote, authorized preliminary surveys and test borings of the two sites ...


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