# Bensalem Township School District v. Bucks County Commissioners

> Commonwealth Court of Pennsylvania · April 6, 1973 · 8 Pa. Commw. 411

URL: https://www.frixlaw.com/law-library/cases/6361237

## Case

- **Full name:** Bensalem Township School District v. Bucks County Commissioners
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 6, 1973
- **Citations:** 8 Pa. Commw. 411; 303 A.2d 258; 1973 Pa. Commw. LEXIS 732
- **Precedential status:** Published
- **Opinion:** Concurrence by Mencer
- **Judges:** Blatt, Bowman, Crumlisii, Kramer, Mencer, Rogers, Wilkinson
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6361237

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6361237. Public record. Not legal advice.