Legal Opinion · Dissent

West Mifflin Area School District v. Zahorchak

Commonwealth Court of Pennsylvania

Decided September 4, 2008Published

1Dissent

DISSENTING OPINION BY

Judge COHN JUBELIRER.

While I do not question the substance of Sections 1113(b.2) and 1607.1 of the Public School Code of 19491 (Code), I must respectfully dissent because I agree with Petitioners that, as drafted, these statutory provisions constitute special legislation in violation of Article III, Section 32 of the Pennsylvania Constitution.

*1051Article III, Section 32 of the Pennsylvania Constitution provides, in relevant part, that “[t]he General Assembly shall pass no local or special law ... [rjegulating the affairs of counties, cities, townships, wards, boroughs or…

2Cases cited2 opinions

  1. Pennsylvania Turnpike Commission v. CommonwealthSupreme Court of Pennsylvania · 2006
  2. WEST MIFFLIN AREA SCHOOL DIST. v. ZahorchakCommonwealth Court of Pennsylvania · 2008

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