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ELBERTI v. KUNSMAN

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


June 3, 1966

Paul A. ELBERTI et al.
v.
Elvin KUNSMAN et al.

The opinion of the court was delivered by: DAVIS

JOHN MORGAN DAVIS, District Judge.

 The plaintiffs, citizens of the Borough of Minersville, Schuylkill County, Pennsylvania, have filed this action seeking injunctive relief against the County Superintendent of Schools of Schuylkill County and certain School Directors of the borough of Minersville and the townships of Branch, Cass, Foster, and Reilly, all of Schuylkill County. Jurisdiction is founded on the alleged unconstitutional application of a state statute in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The plaintiffs also contend that even if the statute is constitutionally valid as applied, the defendants are violating it.

 Under the Pennsylvania School Reorganization Act, Pa.Stat.Ann. tit. 24 § 2-202 et seq. procedures and guidelines are set forth for the consolidation and merger of many of the smaller school districts throughout the Commonwealth. In accordance with that statute, the defendant Schuylkill County Superintendent of Schools called into convention all the incumbent school directors of the above districts, which comprise Administrative Unit 63-6, for the purpose of electing an interim operating committee to be composed of nine of their number. The Act states in § 3-303.1(b) that "[in] selecting [the members of] the interim operating committee, the incumbent school directors shall take into consideration the principle of proportionate representation according to population." Once established, this committee has the full powers of a school board and is to remain in existence until popular elections are held for new school directors, beginning in November 1967.

 The convention of school directors elected two directors each from the borough of Minersville and the townships of Branch, Cass and Reilly and one from the township of Foster. The population figures and relevant data pertaining thereto are as follows: Population Percentage of Members Residents (1960 Census) Total Unit Elected Per Population Member Branch Township 1,747 13.5 2 873 Cass Township 2,939 22.7 2 1469 Foster Township 590 4.6 1 590 Reilly Township 1,097 8.5 2 548 Minersville Borough 6,561 50.7 2 3785

19660603

© 1992-2004 VersusLaw Inc.



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