# Marrero by Tabales v. Com.

> Commonwealth Court of Pennsylvania · March 2, 1998 · 709 A.2d 956

URL: https://www.frixlaw.com/law-library/cases/9710459

## Case

- **Full name:** Yesenia MARRERO, Arlene Marrero, Richard Mojica and Christian Mojica, Minors, by Their Parent and Guardian Yollie TABALES; Yollie Tabales; Kathryn, Christine, William and Stephen Nolan, Minors, by Their Parent and Guardian William H. Nolan; William H. Nolan; Jeanene and Larry Little, Minors, by Their Parent and Guardian Karen H. Little; Karen H. Little; David and Zachary Maas, Minor, by Their Parents and Guardians Peter Maas and Lesley Carson; Peter Maas and Lesley Carson; Aspira, Inc. of Pennsylvania; Philadelphia Branch NAACP; City of Philadelphia, and School District of Philadelphia, Petitioners, v. COMMONWEALTH of Pennsylvania; General Assembly of the Commonwealth of Pennsylvania; President Pro Tem-Pore of the Senate Mark S. Schweiker, in His Official Capacity; Speaker of the House of Representatives Matthew J. Ryan, in His Official Capacity; Governor of the Commonwealth of Pennsylvania Thomas J. Ridge, in His Official Capacity; Commonwealth of Pennsylvania State Board of Education; Commonwealth of Pennsylvania Department of Education; Secretary of Education Eugene Hickok, in His Official Capacity, Respondents
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 2, 1998
- **Citations:** 709 A.2d 956; 1998 Pa. Commw. LEXIS 144
- **Precedential status:** Published
- **Opinion:** Concurrence by Colins
- **Judges:** Colins, Doyle, McGinley, Pellegrini, Friedman, Kelley, Smith, Leadbetter
- **Cited by:** 17 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/9710459

## Opinion text

COLINS, President Judge,
concurring.
I concur with the scholarly opinion of the majority regarding sustaining the preliminary objections. However, if the factual scenario, as advanced in the pleadings of petitioners are true, the appropriate remedy for *967 the Courts would be the statutorily-prescribed remedy declaring the district a “financially distressed district” and to then undertake a Court-supervised restructuring of the district in totality, pursuant to Section 692 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, added by the Act of December 15, 1959, P.L. 1842, as amended, 24 P.S. § 6-692.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9710459. Public record. Not legal advice.