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WEST MIFFLIN AREA SCHOOL DIST. v. ZAHORCHAK

No. 371 M.D. 2007.

956 A.2d 1040 (2008)

WEST MIFFLIN AREA SCHOOL DISTRICT, East Allegheny School District and South Allegheny School District, Petitioners v. Dr. Gerald L. ZAHORCHAK, the Commonwealth of Pennsylvania, Department of Education, Duquesne City School District and Duquesne Education Association, Respondents.

Commonwealth Court of Pennsylvania.

Decided September 4, 2008.

Attorney(s) appearing for the Case

Paul N. Lalley, Huntingdon Valley, for petitioners.

Joseph M. Miller, Asst. Chief Counsel, Harrisburg, for respondents, Dr. Gerald L. Zahorchak and the Department of Education.

Thomas W. Scott, Harrisburg, for respondent, Duquesne Education Association.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge.

OPINION BY Judge SMITH-RIBNER.

The West Mifflin Area School District (West Mifflin), the East Allegheny School District (East Allegheny) and the South Allegheny School District (South Allegheny) (together, Petitioners) filed their amended petition for review in the nature of an action for declaratory judgment (Petition) challenging the constitutionality of Sections 5 and 14 of the Act of July 20, 2007, P.L. 278 (Act 45), which amended the Public School Code of 1949...

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