MECHANICAL CONTRACTORS v. COM., DEPT. OF EDUC.


934 A.2d 1262 (2007)

MECHANICAL CONTRACTORS ASSOCIATION OF EASTERN PENNSYLVANIA, INC. v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF EDUCATION, Vicki L. Phillips, Secretary of Education and the School District of Philadelphia Appeal of School District of Philadelphia. Mechanical Contractors Association of Eastern Pennsylvania, Inc., Appellant. v. Commonwealth of Pennsylvania, Department of Education, Vicki L. Phillips, Secretary of Education and the School District of Philadelphia, Appellees. General Building Contractors Association, Inc., Pennsylvania School Boards Association, Pennsylvania Association of School Business Officials, Pleasant Valley School District, Pennsbury School District, General Contractors Association of Pennsylvania Master Builders Association of Western Pennsylvania, Pennsylvania State Council of Carpenters and AIA Philadelphia, Appellees v. Commonwealth of Pennsylvania, Pennsylvania Department of Education and Vicki L. Phillips, Secretary of Education, in her Official Capacity, Appellants. Mechanical Contractors Association of Eastern Pennsylvania, Inc. v. Commonwealth of Pennsylvania, Department of Education, Vicki L. Phillips, Secretary of Education and the School District of Philadelphia Cross-Appeal of Commonwealth of Pennsylvania, Department of Education and Vicki L. Phillips, Secretary of Education. General Building Contractors Association, Inc., Pennsylvania School Boards Association, Pennsylvania Association of School Business Officials, Pleasant Valley School District, Pennsbury School District, General Contractors Association of Pennsylvania Master Builders Association of Western Pennsylvania, Pennsylvania State Council of Carpenters and AIA Philadelphia, Appellants v. Commonwealth of Pennsylvania, Pennsylvania Department of Education and Vicki L. Phillips, Secretary of Education, in her Official Capacity, Appellees.

Supreme Court of Pennsylvania.

Decided November 21, 2007.


Attorney(s) appearing for the Case

Richard Howard Lowe, Dana Jeffrey Ash, Philadelphia, Thomas W. Jennings, Cherry Hill, NJ, Robert A. Prentice, Philadelphia, for Gen. Bldg. Contractors Ass'n, Inc.

Irwin William Aronson, Philadelphia, for PA State Bldg. and Construction Trades Council, et al.

Arthur Makadon, Geoffrey A. Kahn, Miles H. Shore, Diana Lynn Spagnuolo, Paul Lantieri, III, Philadelphia, for School Dist. of Philadelphia.

J. Bart DeLone, Robert M. Tomaine, Jr., Harrisburg, Lawrence White, for Com. of PA, Dept. of Educ.

J. Bart DeLone, Harrisburg, for the Com. of PA, et al.

J. Bart DeLone, Robert M. Tomaine, Jr., Harrisburg, for Vicki L. Phillips.

Elise Edwards Walthall, Stanley B. Edelstein, Philadelphia, for Mechanical Contractors Ass'n of Eastern PA, Inc.

Michael Ira Levin, Huntington Valley, Emily J. Leader, Harrisburg, for PA School Boards Ass'n.

Jeffrey T. Tucker, for Pennsbury School Dist.

Daniel M. Corveleyn, Stroudsburg, for Pleasant Valley School Dist.

William W. Warren, Jr., Harrisburg, for PA Ass'n of School Business Officials.

Thomas W. Jennings, Cherry Hill, NJ, for PA State Council of Carpenters.

Richard Howard Lowe, Dana Jeffrey Ash, Robert A. Prentice, Philadelphia, for Master Builders Ass'n of Western Pa.

Gunther Otto Carrle, King of Prussia, for AIA Philadelphia.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.


OPINION

Chief Justice CAPPY.1

These consolidated direct appeals,2 arise under the Mandate Waiver Program (or "Program"), 24 P.S. § 17-1714-B. This Court considers whether the Commonwealth Court correctly concluded that the Mandate Waiver Program does not allow waiver of the requirement found in the Section 751(a) of the Public School Code of...

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