Cullura v. School District of Bristol Township

Because I disagree with the majority’s holding, I must respectfully dissent.

It is my belief that our Supreme Court has already decided the issue of whether a promoted public employee is an indispensable party to litigation disputing that promotion. In McGrath v. Staisey, 433 Pa. 8, 249 A.2d 280 (1968), our Supreme Court held that improperly appointed or promoted public employees, despite their potential interest in suits brought by colleagues disputing their appointment or promotion, are not indispensable parties to the litigation.

Indeed, this Court, in Appeal of Austerlitz, 63 Pa.…