HomeMy WebLinkAbout99-0401 equityERIC Y. FAIRCHILD,
Plaintiff
V®
WEST SHORE SCHOOL
DISTRICT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-0401 EQUITY
IN RE: COMPLAINT IN EQUITY
BEFORE GUI DO, J.
AND NOW, this
ORDER
day of FEBRUARY, 1999, it appearing
that this Court lacks jurisdiction in this matter, Plaintiff's
Complaint is DISMISSED.
By
Edward E. Guido, J.
Eric Y. Fairchild, Pro Se
425 Allendale Way
Camp Hill, Pa. 17011
West Shore School District
P.O. Box 803
New Cumberland, Pa. 17070
:sld
ERIC Y- FAIRCHILD,
Plaintiff
Ve
WEST SHORE SCHOOL
DISTRICT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERED COUNTY, PENNSYLV/~IA
NO. 99-0401 EQUITY
IN RE: COMPLAINT IN EQUITY
BEFORE GUIDO, J.
OPINION AND ORDER OF COURT
On January 21, 1999, Plaintiff filed a complaint in equity
which challenges the decision of the West Shore School District
to demolish two existing elementary schools and replace them with
new facilities. The Plaintiff has asked us to preliminarily and
permanently enjoin the District from proceeding with the
projects. A hearing was held in connection with the Plaintiff's
request for a preliminary injunction on February 11 and February
12, 1999.
At the outset of the hearing the West Shore School District
filed a brief raising, inter alia, the issue of whether this
Court has jurisdiction of this matter. We gave Plaintiff the
opportunity to file a reply brief, which was filed on February
16, 1999.
In order to avoid undue delay, we proceeded with the hearing
on Plaintiff's request for a preliminary injunction. However,
after reviewing the briefs of the parties and the applicable law,
we are convinced that we do not have jurisdiction over this
matter. Therefore we will not be able to address the merits of
NO. 99-0401 EQUITY
Plaintiff's request.
1
The Public School Code of 1949, as amended, clearly
outlines the procedures to be followed by an individual or group
that objects to the construction of a public school building.
Section 7-731 of the Code states in relevant part:
§ 7-731. Approval by department of plans, otc, of
buildings; exceptions
The Department of Education, with respect to
construction or reconstruction of public school
buildings, shall have the power and its duties shall
be:
(1) To review all projects, plans and specifications
for school building construction or reconstruction,
· · ·
(3) To hold hearings on any or all projects and
subpoena witnesses, administer oaths, take testimony
and compel the production of documents relevant to any
investigation;
(5) To receive and investigate complaints from the
public or other source concerning any school building
construction or reconstruction project;
No public school building shall be contracted for,
constructed, or reconstructed ... until the plans and
s~ecifications therefor have been a~proved by the
Department of Education. (emphasis added)
24 P.S. ~ 7-731. See also Borough of Brentwood v. Brentwood
School District, 662 A.2d 675 (Pa. Commw. Ct. 1995).
In the instant case, the District complied with the School
Code and sought approval of the construction projects from the
DOE. Plaintiff made his objections known to the DOE.
~24 P.S. §§ 1-101 - 27-2702.
NO. 99-0401 EQUITY
Nevertheless, the DOE approved the construction projects. Once
DOE has rendered its final decision on the projects, the
appropriate and exclusive forum for an appeal lies with the
Commonwealth Court. Kimmel Township Taxpayers Association v.
Claysburg Kimmel School District, 146 Pa.Commw. 57, 63, 604 A.2d
1149, 1152 (1992). See also 42 Pa.C.S.A. § 763(a)(1).
In view of the above, we have no alternative but to dismiss
Plaintiff's complaint.
ORDER
AND NOW, this ~.~7TH day of FEBRUARY, 1999, it appearing that
this Court lacks jurisdiction in this matter, Plaintiff's
Complaint is DISMISSED.
By the Court,
Eric Y. Fairchild, Pro Se
425 Allendale Way
Camp Hill, Pa. 17011
West Shore School District
P.O. Box 803
New Cumberland, Pa. 17070
:sld
/s/ Edward E. Guido
Edward E. Guido, J.