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HARRISBURG SCHOOL DIST. v. ZOGBY

789 A.2d 797 (2002)

HARRISBURG SCHOOL DISTRICT, Harrisburg School Board, Joseph C. Brown, Linda M. Cammack, Kenneth Leister, Judith C. Hill, Wanda R.D. Williams, individually, and as parent and natural guardian of Rauwshan Williams, Ricardo A. Davis, individually and as parent and natural guardian of Jeremiah Stephenson and Tiffany Davis, Clarice Chambers, Joy Ford, individually and as parent and natural guardian of Samantha Wilson, Grace Bryant, Glenise Cobb-Wingfield, individually, and as parent and natural guardian of Johnathan Wingfield and Asia Wingfield, and Citizens Concerned for Children First, By Dwayne Blount and Dale Carter, Trustees Ad Litem, Petitioners, v. Charles B. ZOGBY, Secretary of Education, Commonwealth of Pennsylvania, Stephen R. Reed, Mayor of Harrisburg, Jane/John Doe I, Jane/John Doe II, Jane/John Doe III, Jane/John Doe IV, Jane/John Doe V, Potential Members of the Board of Control for the Harrisburg School District, Respondents.

Commonwealth Court of Pennsylvania.

Decided January 3, 2002.

Attorney(s) appearing for the Case

No appearance entered on behalf of petitioners.

Nathan J. Waters, Harrisburg, for respondent, Potential Members of Hbg. Sch. Dist. Bd. of Control.

Todd P. Prugar, Harrisburg, for respondents, S. Reed and Jane/John Doe.

Daniel J. Doyle, Harrisburg, for respondent, C. Zogby.

Linda J. Shorey, Harrisburg, for amicus curiae, R. Jubelirer and M. Ryan.

Before DOYLE, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH, Judge, PELLEGRINI, Judge, KELLEY, Judge, and LEADBETTER, Judge.

PELLEGRINI, Judge.

Before this Court is a motion for judgment on the pleadings filed in our original jurisdiction by the Individual Petitioners1 in the above-captioned action. This case deals with the important issue of whether the General Assembly, by enacting legislation giving select mayors power over school district affairs, violated the United States and Pennsylvania Constitutions, especially those provisions under the Pennsylvania...

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