FAIRFIELD AREA v. NAT. ORG. FOR CHILDREN


837 A.2d 644 (2003)

FAIRFIELD AREA SCHOOL DISTRICT, Gettysburg Area School District, Upper Adams School District, Littlestown Area School District, Bermudian Springs School District, Centennial School District, Quakertown Community School District, Butler Area School District, Karns City Area School District, Mars Area School District, Moniteau Area School District, Seneca Valley School District, Slippery Rock Area School District, South Butler County School District, Penn Cambria School District, Blacklick Valley School District, Greater Johnstown School District, Central Cambria School District, Downingtown Area School District, Phoenixville Area School District, Great Valley School District, Octorara Area School District, Oxford Area School District, Coatesville Area School District, Avon Grove School District, Owen J. Roberts School District, Bald Eagle Area School District, Penns Valley Area School District, State College Area School District, Bellefonte Area School District, Crawford Central School District, Penncrest School District, Carlisle Area School District, Big Spring School District, South Middleton School District, Mechanicsburg School District, Derry Township School District, East Pennsboro School District, Harrisburg School District, Central Dauphin School District, Halifax School District, Millersburg Area School District, Ridley School District, Rose Tree Media School District, Chester-Upland School District, William Penn School District, Haverford Township School District, Penn-Delco School District, Springfield School District, Wallingford-Swarthmore School District, Southeast Delco School District, Northwestern Area School District, Chambersburg Area School District, Waynesboro Area School District, Greencastle-Antrim School District, Tuscarora School District, Shippensburg Area School District, Blairsville-Saltsburg School District, Indiana Area School District, Penns Manor Area School District, Homer Center School District, Brookville Area School District, Punxsutawney Area School District, Columbia Borough School District, Conestoga Valley School District, Elizabethtown Area School District, Ephrata Area School District, Donegal Area School District, Hempfield Area School District, Lampeter-Strasburg School District, Manheim Central School District, Manheim Township School District, Penn Manor School District, Pequea Valley School District, Solanco School District, Warwick School District, Cornwall-Lebanon School District, Eastern Lebanon County School District, East Stroudsburg Area School District, Pleasant Valley School District, Pocono Mountain Area School District, Stroudsburg Area School District, Abington School District, Cheltenham Township School District, Hatboro-Horsham School District, Pottsgrove Area School District, Pottstown School District, Souderton Area School District, Spring-Ford Area School District, Upper Dublin School District, Upper Merion Area School District, Upper Perkiomen School District, West Perry School District, Newport School District, School District of Philadelphia, Delaware Valley School District, Cranberry Area School District, Franklin Area School District, Oil City Area School District, Valley Grove School District, Belle Vernon Area School District, Kiski Area School District, Ligonier Valley School District, Burrell School District, Franklin Regional School District, Greater Latrobe School District, Tunkhannock School District, York Suburban School District, Dover Area School District, Eastern York Area School District, Southern York County School District, Southeastern School District, West Shore School District, Spring Grove School District, West York Area School District, Red Lion School District; Robert Frick, in his individual capacity; and John McKelligott, in his individual capacity, Appellants, v. The NATIONAL ORGANIZATION FOR CHILDREN, INC., a/k/a Einstein Academy, a/k/a, T.E.A.C.H. Charter School a/k/a, TEACH—The Einstein Academy Charter School, a/k/a, The E-Academy Charter School, and a/k/a T.E.A.C.H. The E-Academy Charter School; Tutorbots, Inc.; Mimi Rothschild, a/k/a Mimi Roth, a/k/a/ Mimi Rothchild, a/k/a Miriam Mandell; Howard Mandell, a/k/a Howie Mandell; Murray Popkave; Linda Cruz; Anna Friedrich; Agnes Mae Smith; Nesbeth Lane, a/k/a Nesbith Lane; Dr. Lillian Kuretu, a/k/a Dr. Lillian Kuratu, M.D.; Barry Delit; Tim Albrecht; Dan Malloy; Clyde Middleton; Richard Lawrence and John and/or Jane Does. Fairfield Area School District, Gettysburg Area School District, Upper Adams School District, Littlestown Area School District, Bermudian Springs School District, Altoona Area School District, Bellwood-Antis School District, Centennial School District, Quakertown Community School District, Butler Area School District, Karns City Area School District, Mars Area School District, Moniteau Area School District, Seneca Valley School District, Slippery Rock Area School District, South Butler County School District, Penn Cambria School District, Blacklick Valley School District, Greater Johnstown School District, Central Cambria School District, Downingtown Area School District, Phoenixville Area School District, Great Valley School District, Octorara Area School District, Oxford Area School District, Coatesville Area School District, Avon Grove School District, Owen J. Roberts School District, Bald Eagle Area School District, Penns Valley Area School District, State College Area School District, Bellefonte Area School District, Crawford Central School District, Penncrest School District, Carlisle Area School District, Big Spring School District, South Middleton School District, Mechanicsburg School District, Derry Township School District, East Pennsboro School District, Harrisburg School District, Central Dauphin School District, Halifax School District, Millersburg Area School District, Ridley School District, Rose Tree Media School District, Chester-Upland School District, William Penn School District, Haverford Township School District, Penn-Delco School District, Springfield School District, Wallingford-Swarthmore School District, Southeast Delco School District, Northwestern Area School District, Chambersburg Area School District, Waynesboro Area School District, Greencastle-Antrim School District, Tuscarora School District, Shippensburg Area School District, Blairsville-Saltsburg School District, Indiana Area School District, Penns Manor Area School District, Homer Center School District, Brookville Area School District, Punxsutawney Area School District, Columbia Borough School District, Conestoga Valley School District, Elizabethtown Area School District, Ephrata Area School District, Donegal Area School District, Hempfield Area School District, Lampeter-Strasburg School District, Manheim Central School District, Manheim Township School District, Penn Manor School District, Pequea Valley School District, Solanco School District, Warwick School District, Cornwall-Lebanon School District, Eastern Lebanon County School District, East Stroudsburg Area School District, Pleasant Valley School District, Pocono Mountain Area School District, Stroudsburg Area School District, Abington School District, Cheltenham Township School District, Hatboro-Horsham School District, Pottsgrove Area School District, Pottstown School District, Souderton Area School District, Spring-Ford Area School District, Upper Dublin School District, Upper Merion Area School District, Upper Perkiomen School District, West Perry School District, Newport School District, School District of Philadelphia, Delaware Valley School District, Cranberry Area School District, Franklin Area School District, Oil City Area School District, Valley Grove School District, Belle Vernon Area School District, Kiski Area School District, Ligonier Valley School District, Burrell School District, Franklin Regional School District, Greater Latrobe School District, Tunkhannock School District, York Suburban School District, Dover Area School District, Eastern York Area School District, Southern York County School District, Southeastern School District, West Shore School District, Spring Grove School District, West York Area School District, Red Lion School District; Robert Frick, in his individual capacity; and John McKelligott, in his individual capacity, Appellants, v. The National Organization for Children, Inc., a/k/a Einstein Academy, a/k/a, T.E.A.C.H. Charter School a/k/a, TEACH—The Einstein Academy Charter School, a/k/a, The E-Academy Charter School, and a/k/a T.E.A.C.H. The E-Academy Charter School; Tutorbots, Inc.; Mimi Rothschild, a/k/a Mimi Roth, a/k/a/ Mimi Rothchild, a/k/a Miriam Mandell; Howard Mandell, a/k/a Howie Mandell; Murray Popkave; Linda Cruz; Anna Friedrich; Agnes Mae Smith; Nesbeth Lane, a/k/a Nesbith Lane; Dr. Lillian Kuretu, a/k/a Dr. Lillian Kuratu, M.D.; Barry Delit; Tim Albrecht; Dan Malloy; Clyde Middleton; Richard Lawrence and John and/or Jane Does.

Commonwealth Court of Pennsylvania.

Decided December 8, 2003.


Attorney(s) appearing for the Case

Allison C. Snyder, Huntingdon Valley, for appellants.

Howard J. Bashman, Philadelphia, for appellees.

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, and KELLEY, Senior Judge.


OPINION BY Judge FRIEDMAN.

Fairfield Area School District et al. (the School Districts) appeal from the March 27, 2003, order of the Court of Common Pleas of Chester County (trial court), which dissolved preliminary injunctions issued against The National Organization for Children, Inc. et al. (Einstein Academy). The School Districts also appeal from the trial court's May 21, 2003, order, which sustained Einstein Academy's preliminary objections and dismissed the...

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