Legal Opinion · Dissent

In Re Formation of Independent School District

Commonwealth Court of Pennsylvania

Decided April 13, 2011No. 2210 C.D. 2009Published

1Dissent

DISSENTING OPINION BY

Senior Judge FRIEDMAN.

I respectfully dissent. The majority vacates the order of the Court of Common *992Pleas of Bucks County (trial court) and remands this case to the trial court with instructions to remand the case to the Secretary of Education (Secretary) for a formal administrative hearing on the educational merits of the proposed school district transfer, but, “[i]n the interest of judicial economy,” the majority would have the parties stipulate that the existing trial court record be “the record before the Secretary” and, only “if necessary and appropriate, augment…

2Cases cited6 opinions

  1. Walker v. Scranton School DistrictSupreme Court of Pennsylvania · 1940
  2. Weaverland Independent School District CaseSupreme Court of Pennsylvania · 1954
  3. In Re Petition for Formation of Independent School DistrictCommonwealth Court of Pennsylvania · 2008
  4. In Re Establishment of Independent School DistrictCommonwealth Court of Pennsylvania · 2004
  5. Reading School District v. Department of EducationCommonwealth Court of Pennsylvania · 2004

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