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BORO. OF CLIFTON HTS. ET AL. v. UP. DARBY S. D.

Nos. 1251, 1577 and 1595 C.D. 1976.

31 Pa.Commw. 523 (1977)

The Borough of Clifton Heights et al. v. The School District of the Township of Upper Darby et al. Upper Darby School District (Incorrectly designated School District of the Township of Upper Darby) et al., Appellants. (3 Cases)

Commonwealth Court of Pennsylvania.

September 9, 1977.

Attorney(s) appearing for the Case

Kenneth A. Clouse, with him Lewis B. Beatty, Jr., and Butler, Beatty, Greer & Johnson, for appellants.

Barry C. Dozer, with him F.L. Guiliano, for appellees.

Michael I. Levin, with him William Fearen, and Cleckner & Fearen, for amicus curiae, Pennsylvania School Boards Association.

Argued June 8, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY JUDGE WILKINSON, JR., September 9, 1977:

This case involves three consolidated appeals by the Upper Darby School District.1 The rather narrow question it presents is whether the record established before the Court of Common Pleas of Delaware County supports that court's legal conclusion that the Upper Darby School Board (Board) acted in an arbitrary and capricious manner in the closing of the Clifton Heights Junior High School...

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