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POCONO MOUNTAIN SCHOOL DIST v. DEPT OF EDUC

No. 87 MAP 2015.

151 A.3d 129 (2016)

POCONO MOUNTAIN SCHOOL DISTRICT, Appellant v. PENNSYLVANIA DEPARTMENT OF EDUCATION, Division of Subsidy Data and Administration, Appellee.

Supreme Court of Pennsylvania.

Decided: December 28, 2016.

Attorney(s) appearing for the Case

Stuart Lee Knade, Esq. , Pennsylvania School Boards Association, Inc., for Pennsylvania School Boards Association, Inc., Amicus Curiae.

Jennifer Ann Mills, Esq. , PA Public School Employees' Retirement System, for Public School Employees' Retirement Board, Amiens Curiae.

John Edward Freund III, Esq. , Ellen C. Schurdak, Esq. , King, Spry, Herman, Freund & Faul, L.L.C., Bethlehem, for Pocono Mountain School District, Appellant.

Karen S. Feuchtenberger, Esq. , Pennsylvania Department of Education, James M. Sheehan, Esq. , for Pennsylvania Department of Education, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

In this discretionary appeal, we are asked to determine whether, pursuant to section 8327(b)(2) of the Public School Employees' Retirement Code, 24 Pa.C.S.A. § 8327(b)(2), the school district that originally approved the creation of a charter school...

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