Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SIMON ABRAHAMS ET AL. v. WALLENPAUPACK AREA SCHOOL DISTRICT (11/21/80)

decided: November 21, 1980.

SIMON ABRAHAMS ET AL., APPELLANTS
v.
WALLENPAUPACK AREA SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Pike County in the case of Simon Abrahams, Jessica Abrahams, Dara Abrahams, Rebecca Abrahams, Adam Abrahams, minors, by their natural parent and guardian, Judith Abrahams, and Judith Abrahams in her own right, and Veronica Behan, Michael Behan, Patricia Behan, Kathy Behan, Kevin Behan, minors, by their natural parents and guardians, Michael Behan and Helen Behan, and Michael Behan and Helen Behan, in their own right, and Sara Bloom, Suzy Bloom, Michael Bloom, minors, by their natural parents and guardians, Ronald Bloom and Sheila Bloom, and Ronald Bloom and Sheila Bloom in their own right, and James Bohlin, Lisa Bohlin, minors, by their natural parents and guardians, Harold Bohlin and Mary Bohlin, and Harold Bohlin and Mary Bohlin, in their own right, and Michele Ciancio, a minor, by her natural parents and guardians, John Ciancio and Michelina Ciancio, and John Ciancio and Michelina Ciancio, in their own right, and Michael Coleman, Robert Coleman, Dana Stout, Robin Stout, minors, by their natural parent and guardian, Walter J. Coleman, and Walter J. Coleman in his own right, and Vincent Correra, Marc Correra, Vicki Correra, Michael Correra, minors, by their natural parents and guardians, Vincent C. Correra and Anna M. Correra, and Vincent C. Correra and Anna M. Correra in their own right, and Peter Gonzalez, Bernadette Davidowicz, minors, by their guardian, Gertrude Crowe, and Gertrude Crowe in her own right, and Raymond Dieck, a minor, by his natural parents and guardians, Herbert W. Dieck and Kathryn Dieck, and Herbert W. Dieck and Kathryn Dieck in their own right, and Bobby French, Marian French, minors, by their natural parent and guardian, William French, and William French, in his own right, and Frank Friedrich, Joanne Friedrich, minors, by their natural parents and guardians, Anthony Darmiento and Barbara Darmiento, and Anthony Darmiento and Barbara Darmiento, in their own right, and Anne Marie Gaeta, Patrick Gaeta, John Gaeta, Maria Gaeta, minors, by their natural parents and guardians, Paul Gaeta and Mary Jean Gaeta, and Paul Gaeta and Mary Jean Gaeta, in their own right, Kim Hahn, a minor by her natural parents and guardians, Edward Hahn and Patricia Hahn and Edward Hahn and Patricia Hahn in their own right, and Douglas Hall, Andrew Hall, Matthew Hall, minors, by their natural parents and guardians, Robert Hall and Marijane Hall, and Robert Hall and Marijane Hall, in their own right, and Alison Hall, a minor, by her natural parents and guardians, Harold Hall and Ruth Hall, and Harold Hall and Ruth Hall in their own right, and Donna Heck, Joseph Heck, minors, by their natural parents, and guardians, Joseph Heck and Mary Heck, and Joseph Heck and Mary Heck, in their own right, and Rhonda Hesser, Andrea Hesser, Dean Hesser, Amanda Hesser, minors, by their natural parents and guardians, Thomas Hesser and Judith Hesser, and Thomas Hesser and Judith Hesser in their own right, and Karolyn Kussin, a minor by her natural parents and guardians, Fred Kussin and Rosalie Kussin, and Fred Kussin and Rosalie Kussin, in their own right, and Robert LaRossa, Patricia LaRossa, minors, by their natural parents and guardians, Donald LaRossa and Margaret LaRossa and Donald LaRossa and Margaret LaRossa in their own right, and Michele Lequin, Christopher Lequin, minors, by their natural parents and guardians, Stanley Lequin and Loretta Lequin, and Stanley Lequin and Loretta Lequin in their own right, and Lisa Lieto, Janet Lieto, John Lieto, Suzanne Lieto, minors, by their natural parents and guardians, John Lieto and Olivia Lieto, and John Lieto and Olivia Lieto in their own right, and Charles Lisa, Renee Lisa, minors, by their natural parents and guardians, Charles Lisa and Elvera Lisa, and Charles Lisa and Elvera Lisa, in their own right, and John LoDolce, Robert LoDolce, Ellen LoDolce, Michael LoDolce, Susan LoDolce, Joanne LoDolce, minors, by their natural parents and guardians, Robert LoDolce and Joan LoDolce, and Robert LoDolce and Joan LoDolce in their own right, and Harry Marienschek, Frank Marienschek, minors, by their natural parents and guardians, Walter E. Marienschek and Mary Marienschek, and Walter E. Marienschek and Mary Marienschek, in their own right, and Jeffrey Moscovitz, Bonnie Moscovitz, minors, by their natural parents and guardians, Irwin Moscovitz and Gloria Moscovitz, and Irwin Moscovitz and Gloria Moscovitz in their own right, and Daniel S. O'Connor, a minor, by his natural parent and guardian, Pearl L. O'Connor, and Pearl L. O'Connor in her own right, and Shirley Oneschuk, a minor, by her natural parents and guardians, Walter Oneschuk and Tomeko Oneschuk, and Walter Oneschuk and Tomeko Oneschuk in their own right, and Kenneth Paltzer, a minor, by his natural parents and guardians, Norman P. Paltzer and Muriel Paltzer, and Norman P. Paltzer and Muriel Paltzer in their own right, and Lisa Pigott, a minor by her natural parents and guardians, Henry M. Pigott, Jr. and Mildred Pigott, and Henry M. Pigott, Jr. and Mildred Pigott, in their own right, and John Proulx, Theresa Proulx, minors, by their natural parents and guardians, Joseph R. Proulx and Anne M. Proulx, and Joseph R. Proulx and Anne M. Proulx in their own right, and Maryann Roberti, Thomas Roberti, Diane Roberti, James Roberti, William Roberti, minors, by their natural parents and guardians, Thomas Roberti and Arlene Roberti, and Thomas Roberti and Arlene Roberti, in their own right, and Richard Rumpf, a minor, by his natural parents and guardians, Richard Rumpf and Patricia Rumpf, and Richard Rumpf and Patricia Rumpf in their own right, and Jason Sauer, a minor, by his natural parents and guardians, Robert W. Sauer, Jr. and Connie Sauer, and Robert W. Sauer, Jr. and Connie Sauer, in their own right, and Thomas Stiles, William Stiles, minors, by their natural parents and guardians, Frank H. Stiles and Catherine Stiles, and Frank H. Stiles and Catherine Stiles in their own right, and Gregory Warr, Pamela Warr, minors, by their natural parents and guardians, Frank M. Warr and Barbara Warr, and Frank

COUNSEL

Randolph T. Borden, Borden & Leventhal, for appellants.

Warren D. Utermahlen -- Krawitz & Ridley, P.C., for appellee.

President Judge Crumlish and Judges Blatt and Williams, Jr. sitting as a panel of three. Opinion by Judge Williams, Jr. President Judge Crumlish concurs in the result only.

Author: Williams

[ 54 Pa. Commw. Page 642]

This is an appeal by numerous co-parties from an order of the Court of Common Pleas of Pike County dismissing their complaint in equity for injunctive relief against the Wallenpaupack Area School District. More technically, they appeal from the lower court's dismissal of their exceptions to the decree nisi.

This case was born when the School Board of the Wallenpaupack Area School District (School District) on June 13, 1977, voted to discontinue school bus service on the private, interior roads of a private residential development named "Hemlock Farms."*fn1 As a result of that decision, the school children of Hemlock Farms would, commencing with the fall term of 1977,

[ 54 Pa. Commw. Page 643]

    be picked up and discharged at the entrances to the development. Concerned parents sued to enjoin the School District from discontinuing the previous service on the interior roads, or to obtain mandatory relief for the restoration of the service.

Between 1972 and 1977 the School District had provided such service to Hemlock Farms. However, one of the reasons underlying the School Board's decision to discontinue it was a concern that other private developments in the School District could insist upon equal service, and the School District would be financially unable to comply.

In dismissing the parents' complaint in equity the lower court determined that the School Board had not committed an abuse of discretion or error of law in its decision to discontinue the service, and that no judicial intervention was warranted. We agree.

The legal consideration that is central to this case is Section 1361 of the Public School Code of 1949.*fn2 In pertinent part that section states:

The board of school directors in any school district may, out of the funds of the district, provide for the free transportation of any resident pupil to and from the kindergarten, elementary school, or secondary school ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.