PETITIONERS FOR IND. SCH. D. v. SEC. OF ED.

No. 282 C.D. 1987.

107 Pa.Commw. 160 (1987)

527 A.2d 1105

Petitioners for the Formation of an Independent School District for the Purpose of Transfer to the North Allegheny School District, Petitioners v. Secretary of Education and Commonwealth of Pennsylvania, Department of Education, Respondents.

Commonwealth Court of Pennsylvania.

June 29, 1987.


Attorney(s) appearing for the Case

William Claney Smith, for petitioners.

Michael B. Sutton, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

William C. Andrews, Maiello, Andrews & Price, for intervenor, Avonworth School District.

Argued May 18, 1987, before Judges MacPHAIL and BARRY, and Senior Judge BLATT, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, June 29, 1987:

On February 10, 1987, Petitioners for the Formation of an Independent School District for the Purpose of Transfer to the North Allegheny School District (Petitioners) filed a petition for review in the nature of mandamus in our original jurisdiction1 requesting that we direct Respondents Secretary of Education and the Department of Education of the Commonwealth of Pennsylvania to approve their...

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