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BURNS v. UNIONTOWN BD. OF DIRECTORS

748 A.2d 1263 (2000)

James F. BURNS, Appellant, v. The BOARD OF DIRECTORS OF the UNIONTOWN AREA SCHOOL DISTRICT; Harry J.Kaufman, individually and in his capacity as President of the School Board; Kenneth R. Mitchell, individually and in his capacity as board member; Kenneth G. Meadows, individually and in his capacity as board member; Gary J. King, individually and in his capacity as board member; Dorothy J. Grahek, individually and in her capacity as board member; Charles C. Castor, individually and in his capacity as board member; and William Rittenhouse, Jr., individually and in his capacity as board member.

Commonwealth Court of Pennsylvania.

Decided February 11, 2000.

Reargument Denied April 19, 2000.

Attorney(s) appearing for the Case

Ernest P. DeHaas, Uniontown, for appellant.

John H. Rushford, Pittsburgh, for appellees.

Before PELLEGRINI, J., FLAHERTY, J. and NARICK, Senior Judge.

FLAHERTY, Judge.

Appellant, James Burns (Superintendent) appeals the Common Pleas Court of Fayette County's (Trial Court) dismissal of his Complaint in Mandamus to compel the Board of School Directors (Board) of the Uniontown Area School District (District) to honor his tenure as duly elected District Superintendent of that District. Trial Court sustained the District's preliminary objections and dismissed Superintendent's complaint in mandamus because Trial Court...

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