Appeal from the Order of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, in case of Colin S. Beegle, William O. Shuman, Beverly Kuhn, Sara Keiffer, Barbara Leydig and Harold Talhelm v. Greencastle-Antrim School District and Greencastle-Antrim School Board, consisting of James H. Barnhart, Joseph C. Copenhaver, Harry M. Stephey, Phyllis Wertime, Thomas R. Pensinger, Raymond B. Oberholzer, Clyde McNew, Harold F. Crider and John L. Buchanan, Volume 7, Page 134, in Equity.
Frederic G. Antoun, Jr., for appellants.
Jan G. Sulcove, with him Rudolf M. Wertime, Thomas A. Beckley, and Craig W. Bremer, for appellees.
Judges Rogers, Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.
[ 41 Pa. Commw. Page 606]
A group of residents and taxpayers (appellants) have appealed to this Court from an order of the Court of Common Pleas of the 39th Judicial District-Franklin
[ 41 Pa. Commw. Page 607]
County Branch, which dismissed the appellants' exceptions to an order sustaining the demurrer of the Greencastle-Antrim School District and the Greencastle-Antrim School Board (appellees). Two issues are presented for our resolution: whether or not the court below was justified in sustaining the appellees' demurrer; and whether or not it properly refused to hear the appellants' exceptions to the order sustaining the demurrer.
The appellants filed a complaint in equity seeking to enjoin the appellees from closing the Brown's Mill Elementary School. The complaint alleged that the appellees proposed to place students from the closed elementary school in other elementary schools, which would increase class sizes there and have a detrimental effect on the educational system; that the additional students in the Greencastle Elementary School, if discovered in a safety inspection by the state Department of Labor and Industry, would result in an order closing that school; that a proposal to place students in space rented from churches would violate the constitutional separation of church and state; and that churches or other structures in which the students could be placed have not been inspected and approved by the Department of Labor and Industry. The appellees subsequently filed preliminary objections in the nature of a demurrer and questioning the court's jurisdiction. A hearing on the request for a preliminary injunction was held on April 29, 1977, at which the appellees requested a ruling on the preliminary objections. Reserving a ruling, however, the court directed that testimony be taken, and after argument on September 7, 1977, the court sustained the appellees' demurrer in an oral opinion. Thereafter the residents filed exceptions as to which the appellees filed a motion to dismiss. On February 27, 1978, the court filed a written opinion and order dismissing the exceptions
[ 41 Pa. Commw. Page 608]
as improperly filed, reasoning that exceptions are not properly taken to an order which sustains a demurrer and dismisses a complaint and that the proper course of action for the appellants was to appeal.
Section 1311(a) of the Public School Code of 1949*fn1 gives broad discretionary power to school boards to close public schools within their districts. The decision to close a school, therefore, is within a board's discretion unless its action is fraudulent or arbitrary and capricious. Borough of Clifton Heights v. Upper Darby School District, 31 Pa. Commonwealth Ct. 523, 377 A.2d 836 (1977). Moreover, an equity court will grant relief only if it can be clearly shown that the board acted in such a manner. Landerman v. Churchill Area School District, 414 Pa. 530, 200 A.2d 867 (1964). We must conclude, therefore, that the appellants' complaint was properly dismissed, for it is clear to us as it was to the court below, that the complaint alleges no facts which would justify a court in exercising jurisdiction. The allegations do demonstrate a difference of opinion as to the desirability of closing the Brown's Mill Elementary School; but, as we will reiterate, "Only in those instances wherein arbitrariness, caprice or wrongdoing characterize a board's act will a court interfere." Dochenetz v. Bentworth School District, 6 Pa. Commonwealth Ct. 173 (1972).
As to the court's refusal to hear the appellants' exceptions, we again must say that we believe it acted properly. The right to file exceptions is governed by Pa. ...