Opinion

Bensalem Township School District v. Bucks County Commissioners

  • 8 Pa. Commw. 411
  • 303 A.2d 258
  • 1973 Pa. Commw. LEXIS 732
Court
Commonwealth Court of Pennsylvania
Filed
Apr 6, 1973
Status
Published
Author
Mencer
On the bench
Blatt, Bowman, Crumlisii, Kramer, Mencer, Rogers, Wilkinson
Cited by
19 cases
Authority
More cited than 9.0%

a party which prevailed on certain issue in case was not a party aggrieved by the trial court's ruling on the issue, and thus could not appeal the ruling

How later courts described this case

  • a party which prevailed on certain issue in case was not a party aggrieved by the trial court's ruling on the issue, and thus could not appeal the ruling

Written by the judges who cited it.

The opinion

Concurring Opinion by

Judge Mencer:

I concur in the opinion of the majority but I do not believe a school district has any standing to challenge the constitutionality of an act of the Legislature. My concept of the powers of a school district is that it has only those expressly conferred upon it by the Legislature or that may be implied from the nature of its duties. *423 Wilson v. Philadelphia School District, 328 Pa. 225 , 195 A. 90 (1937); Slippery Rock Area Joint School System v. Franklin Township School District, 389 Pa. 435 , 133 A. 2d 848 (1957). Surely the Legislature has not conferred on school districts the responsibility of legally testing whether the Legislature acts constitutionally.

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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