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PETITION BOARD PUBLIC EDUCATION SCHOOL DISTRICT PITTSBURGH FOR APPROVAL PRIVATE SALE REAL ESTATE 22ND WARD CITY PITTSBURGH TO DIVINE PROVIDENCE HOSPITAL PITTSBURGH. DIVINE PROVIDENCE HOSPITAL PITTSBURGH (08/16/77)

decided: August 16, 1977.

IN RE: PETITION OF THE BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH FOR APPROVAL OF THE PRIVATE SALE OF REAL ESTATE IN THE 22ND WARD OF THE CITY OF PITTSBURGH TO DIVINE PROVIDENCE HOSPITAL OF PITTSBURGH. DIVINE PROVIDENCE HOSPITAL OF PITTSBURGH, APPELLANT; GREEK ORTHODOX COMMUNITY HOLY TRINITY CHURCH, INTERVENING APPELLEE


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Petition of the Board of Public Education of the School District of Pittsburgh for Approval of the Private Sale of Real Estate in the 22nd Ward of the City of Pittsburgh to Divine Providence Hospital of Pittsburgh, No. GD 76-15047.

COUNSEL

Michael J. Boyle, with him P. Christian Hague, and Meyer, Unkovic & Scott, for appellant.

Ronald P. Talarico, Assistant Solicitor, for appellee.

William J. Chapas, with him Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for intervening appellee.

Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 31 Pa. Commw. Page 432]

This is an appeal by Divine Providence Hospital of Pittsburgh (Divine Providence) from an order of the

[ 31 Pa. Commw. Page 433]

Court of Common Pleas of Allegheny County, dated September 8, 1976, which ordered the School District of the City of Pittsburgh (School District) to convey certain real estate known as the Mary Jane Cowley School Property to the Greek Orthodox Community Holy Trinity Church (Church).

By a Land Purchase Option Agreement, dated January 12, 1976, the School District had agreed to sell the Cowley School property to Divine Providence for the sum of $36,000. This agreement had been approved by the Board of Public Education of the School District at its monthly meeting on December 23, 1975. On July 9, 1976, the School District petitioned the court below for approval of this private sale pursuant to Section 707 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. ยง 7-707, which provides in pertinent part:

The board of school directors of any district is hereby vested with the necessary power and authority to sell unused and unnecessary lands and buildings, by any of the following methods and subject to the following provisions:

(1) By public auction ...


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