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EDGEWOOD BOROUGH SCHOOL DISTRICT APPEAL (04/16/71)

decided: April 16, 1971.

EDGEWOOD BOROUGH SCHOOL DISTRICT APPEAL


Appeal from order of Court of Common Pleas, Civil Division, of Allegheny County, No. SA-560 of 1969, in re Appeal of School District of Borough of Braddock Hills from organization of Administrative unit No. 38 by the State Board of Education.

COUNSEL

Robert A. Rundle, with him J. Thomas Menaker, Norman I. White, Wright & Rundle, and McNees, Wallace & Nurick, for appellant.

John D. Killian, with him John R. Smith, Patrick H. Washington, John B. Nicklas, Jr., and Joseph U. Esper, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J. Cercone, J., joins in this dissenting opinion.

Author: Per Curiam

[ 218 Pa. Super. Page 158]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Montgomery, J.:

This is one of nine appeals by various school districts from the orders of the Court of Common Pleas of Allegheny County, which reviewed the adjudications by the State Board of Education of a plan of school district reorganization for Allegheny County formulated by the Allegheny County Board of School Directors pursuant to the Pennsylvania School Reorganization Act of July 8, 1968, P. L. [ILLEGIBLE WORD], 24 P.S. ยง 2400.1 (Act 150). All of these cases were argued before this Court on November 12, 1970, and all appeals were affirmed by our per curiam orders of December 30, 1970.*fn1 In this one case the School District of the Borough of Edgewood, intervenor-appellant (Edgewood), petitioned for reargument, requesting that we reconsider the lower

[ 218 Pa. Super. Page 159]

    court's exercise of discretion in this case. The petition was granted, and the case was reargued on March 8, 1971. I am now convinced that the lower court erred in this case and am dissenting from the action of the majority in again affirming the lower court's order.

That part of the plan submitted by the Allegheny County Board of School Directors to the State Board of Education which is involved in this case provided for Unit 38, comprised of the School Districts of the Boroughs of Swissvale and Braddock Hills, which since 1965 have operated as a jointure under the name of "Swissvale and Area Joint Schools"; and Unit 40, comprised of the School District of the Borough of Edgewood, which has been an independent school district of long standing. Braddock Hills School District (Braddock Hills), appealed to the State Board, praying that Unit 40 be included within Unit 38. The State Board permitted Edgewood to intervene; a hearing was held at which both Edgewood and Braddock Hills offered testimony; and the State Board, after making findings of fact, affirmed the plan of the Allegheny County Board of School Directors. On appeal to the Court of ...


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