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COMMONWEALTH PENNSYLVANIA BY ROBERT N. HENDERSHOT v. MIFFLIN COUNTY SCHOOL BOARD (04/22/77)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: April 22, 1977.

COMMONWEALTH OF PENNSYLVANIA BY ROBERT N. HENDERSHOT, ACTING SECRETARY OF EDUCATION AND ROBERT P. KANE, ATTORNEY GENERAL, PETITIONERS
v.
MIFFLIN COUNTY SCHOOL BOARD, HAROLD L. DUNMORE, PRESIDENT, MIFFLIN COUNTY SCHOOL BOARD, RESPONDENTS

Original jurisdiction in case of Commonwealth of Pennsylvania by Robert N. Hendershot, Acting Secretary of Education, and Robert P. Kane, Attorney General, v. Mifflin County School Board; Harold L. Dunmire, President, Mifflin County School Board.

COUNSEL

Howard M. Levinson, Paul Schilling, and J. Justin Blewitt, for petitioners.

John R. Miller, Jr., and Barron & Zimmerman, for respondents.

Michael I. Levin, for amicus curiae.

Judge Kramer

Author: Kramer

[30 Pa. Commw. 213 Page 214]

This is a case brought within the original jurisdiction of this Court, seeking, inter alia, a peremptory judgment. The issue before the undersigned trial judge is whether the Petitioners seeking the peremptory judgment have met their burden of proving that they are entitled to the relief they seek.

After a review of the record, and after a public hearing at which all parties present were given the

[30 Pa. Commw. 213 Page 215]

    opportunity to present whatever they desired, the Court concludes that the Petitioners have not proven their legal entitlement to a peremptory judgment.

We therefore

Order

And Now, this 22nd day of April, 1977, it is ordered that the prayer of the petition is denied. The Prothonotary is ordered to list this case for trial on the merits at the earliest possible date. Because of the urgency expressed by the parties, this order is being filed prior to an opinion explaining the reasons for this result. An opinion will follow as soon as the Court's schedule permits.

Disposition

Motion denied.

19770422

© 1998 VersusLaw Inc.



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