Appeal from the Order of the Court of Common Pleas of Clearfield County in the case of In Re: Consolidation of Election Regions -- West Branch Area School District, Misc. No. 9, Page 328.
Winifred H. Jones-Wenger, for appellant.
Ann B. Wood, with her, Bruce George, Bell, Silberblatt & Swoope, for appellee, Concerned Citizens of Graham Township and Big Run Park Association.
Judges Craig and Doyle, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.
[ 104 Pa. Commw. Page 329]
This is an appeal from an order of the Court of Common Pleas of Clearfield County that denied a petition of the West Branch Area School District Board of Directors (Board) to divide the school district into three
[ 104 Pa. Commw. Page 330]
regions in accordance with the Board's plan, Plan B-1, and granted a petition to divide the district into three regions in accordance with Plan B-2, the plan proposed by certain electors of the school district.
The instant litigation has its roots in an order of the Court of Common Pleas of Clearfield County dated March 4, 1985, by which order certain voting precincts in Clearfield County were altered and consolidated. Included among these precincts were those within the boundaries of the school district. Because of the consolidation, certain precincts became imcompatible in certain respects with the existing voting regions in the school district which encompassed five townships. This forced the Board to develop a plan to realign the election regions. The Board's authority to develop such a plan stems from Section 303 of the Public School Code of 1949, Act of March 10, 1949 (Code), P.L. 30, as amended, 24 P.S. § 3-303. The school district is comprised of the townships of Cooper, Graham, Karthaus and Morris (all located in Clearfield County) and West Keating (located in Clinton County). The following chart sets forth the composition of the prior precincts by township as well as the new precincts.
Election Precincts New Precincts
Township Prior to 1986 (Former Precincts)
Morris Township Munson Precinct Morris # 1 (Allport/
Ashcroft Precinct Morris # 2
Allport Precinct (Ashcroft/Munson)
Graham Township Centre Hill Graham (Centre Hill/
Karthaus Township Karthaus Precinct Karthaus (Karthaus/
Cataract Precinct Cataract)
Cooper Township Lanse Precinct Cooper # 1 (Lanse/
Kylertown Precinct Cooper # 2
Winburne Precinct (Kylertown/Winburne)
West Keating West Keating West Keating
Township Township Township
[ 104 Pa. Commw. Page 331]
Prior to 1985, there were three voting regions for the purposes of the selection of school board directors, with each region electing three directors. The composition of these ...