PLEASANT VIEW ELEMEN. SCH. PTA v. GROUP 1 DEFENDANTS

Nos. 84-2193, 85-1244.

763 F.2d 652 (1985)

PLEASANT VIEW ELEMENTARY SCHOOL PTA and Myra Freer and Wilbur H. Friedman, Appellants, v. GROUP 1 DEFENDANTS, Former Members of the Board of Education of Montgomery County, Maryland: Carole F. Wallace and Eleanor D. Zappone and Joseph R. Barse and Dr. J. Edward Andrews, Former Superintendent, Montgomery County Public Schools, and Elizabeth W. Spencer and Suzanne Peyser, Dr. Marian L. Greenblatt and Blair G. Ewing and Group 2 Defendants, Current Members of the Board of Education of Montgomery County: Suzanne Peyser, Dr. Marian L. Greenblatt, Blair G. Ewing, Dr. James Cronin, Marilyn Praisner, Odessa Shannon, Dr. Robery Shoenberg, and Dr. Wilmer Cody, Current Superintendent, Montgomery County Public Schools and Group 3 Defendants, Members of Montgomery County Council and Montgomery County Executive: Rose Crenca, Scott Fosler, Esther Gelman, Michael Gudis, William Hanna, Neal Potter, David Scull and Charles W. Gilchrist, Montgomery County Executive and Group 4 Defendants, Former Members of Maryland State Board of Education: G. George Asaki, May T. Bolt, Mary Elizabeth Ellis, Verna T. Fletcher, Joanne T. Goldsmith, Rosetta G. Kerr, Albertine T. Lancaster, Frederick Schoenbrodt, Dr. David W. Hornbeck, State Superintendent of Schools and Lawrence A. Miller and Group 5 Defendants, Current Members of Maryland State Board of Education: G. George Asaki, May T. Bolt, Mary Elizabeth Ellis, Verna T. Fletcher, Joanne T. Goldsmith, Rosetta G. Kerr, Albertine T. Lancaster, Frederick Schoenbrodt, Dr. David W. Hornbeck and Herbert Fishpaw, Appellees. PLEASANT VIEW ELEMENTARY SCHOOL PTA and Myra Freer and Wilbur H. Friedman, Appellants, v. GROUP 1 DEFENDANTS, Former Members of the Board of Education of Montgomery County, Maryland: Carole F. Wallace and Eleanor D. Zappone and Joseph R. Barse and Dr. J. Edward Andrews, Former Superintendent, Montgomery County Public Schools, and Elizabeth W. Spencer and Suzanne Peyser, Dr. Marian L. Greenblatt and Blair G. Ewing and Group 2 Defendants, Current Members of the Board of Education of Montgomery County: Suzanne Peyser, Dr. Marian L. Greenblatt, Blair G. Ewing, Dr. James Cronin, Marilyn Praisner, Odessa Shannon, Dr. Robery Shoenberg, and Dr. Wilmer Cody, Current Superintendent, Montgomery County Public Schools and Group 3 Defendants, Members of Montgomery County Council and Montgomery County Executive: Rose Crenca, Scott Fosler, Esther Gelman, Michael Gudis, William Hanna, Neal Potter, David Scull and Charles W. Gilchrist, Montgomery County Executive and Group 4 Defendants, Former Members of Maryland State Board of Education: G. George Asaki, May T. Bolt, Mary Elizabeth Ellis, Verna T. Fletcher, Joanne T. Goldsmith, Rosetta G. Kerr, Albertine T. Lancaster, Frederick Schoenbrodt, Dr. David W. Hornbeck, State Superintendent of Schools and Lawrence A. Miller and Group 5 Defendants, Current Members of Maryland State Board of Education: G. George Asaki, May T. Bolt, Mary Elizabeth Ellis, Verna T. Fletcher, Joanne T. Goldsmith, Rosetta G. Kerr, Albertine T. Lancaster, Frederick Schoenbrodt, Dr. David W. Hornbeck and Herbert Fishpaw, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1985.

Rehearing and Rehearing Denied July 29, 1985.


Attorney(s) appearing for the Case

Wilbur H. Friedman, New York City, for appellants.

Ellen M. Heller, Asst. Atty. Gen., Baltimore, Md. (Charles A. Reese, Judith S. Bresler, Reese & Carney, Ellicott City, Md., Stephen H. Sachs, Atty. Gen., Karen Stakem Hornig, Staff Atty., Baltimore, Md., on brief), for appellees.

Before PHILLIPS, CHAPMAN and SNEEDEN, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 29, 1985.

CHAPMAN, Circuit Judge:

Plaintiffs, the Pleasant View Elementary School PTA and parents of children who attended Pleasant View Elementary School, sued various Maryland State and Montgomery County officials and former officials because of their actions in closing Pleasant View Elementary School in Montgomery County, Maryland. Plaintiffs alleged that by their actions the defendants denied them their constitutional...

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