Opinion

Legman v. Scranton School District

  • 432 Pa. 342
  • 247 A.2d 566
  • 69 L.R.R.M. (BNA) 2654
  • 1968 Pa. LEXIS 526
Court
Supreme Court of Pennsylvania
Filed
Nov 13, 1968
Status
Published
Author
Cohen
On the bench
Bell, Brien, Cohen, Eagen, Jones, Mtjsmanno, Musmanno, Oohen, Robebts, Roberts
Cited by
30 cases

The opinion

Dissenting Opinion by

Mb. Justice Cohen :

I cannot agree with the majority because plaintiffappellee has failed to state a cause of action. The only allegation of impropriety on the part of the school *347 board is that in its budget the board provided for salary increases. Such allegation should not elicit the courts’ intrusion into the local affairs of a school board as a “super board” or as a policeman. Members of the school board know that any illegal act will expose them to surcharge. We cannot restrain anticipated illegalities or improprieties on the mere allegation that a budget provides the funds for such anticipated improprieties. I would reverse the lower court and dismiss the complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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