Chambersburg Borough School District v. Hamilton Township School District
Chambersburg Borough School District v. Hamilton Township School District
Opinion of the Court
Opinion by
At the time of the filing of this bill Bishop was a resident of the borough of Chambersburg, and not of the township of Hamilton. His status as a taxpayer for the purpose of giving him standing in this proceeding is fixed as of the date when it was instituted. He is joined as a taxpayer for the purpose no doubt of having this treated as a taxpayer’s bill. But why a taxpayer’s bill when the borough school district not only has the right to act for itself but in point of fact is doing so? The school district of the borough is clothed with authority to bring suit and is asserting its power in the present proceeding. It does not strengthen the cause of the school district to add the name of an individual resident as a party. The subject-matter of this dispute concerns the school district of the borough which has ample power to protect school property under its control and to assert every legal or equitable right to which it is entitled. The board of school directors act for and represent the district not only in the conduct and supervision of the schools but in the assertion of every legal right relating to school property. If the members of the board are derelict in the performance of their duties, or act in violation of law, a taxpayer of the district may be heard to complain in a proper proceeding. No such situation is here presented. Bishop is not now a resident of, or taxpayer in, the township, and has no present standing to complain of what the board of school directors in that district did. When he was a resident of the township he did not complain and now when he has become a resident of the borough and might be incidentally benefited as a taxpayer in another school district it is too late for him to intervene to protect rights upon which he slept during all the time he was a resident of the township. He is not complaining of any action of the school board of the borough where he resides, but is at
Decree affirmed at the cost of appellants.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Equity — Parties—School law — Borough. 1. Where a portion of a township is annexed to a borough and thereafter the borough files a bill in equity against the township, involving title to a school property in the annexed district, it is improper to join with the borough, a resident of the borough living in the annexed district as a party plaintiff (1) because such resident is not a resident of the township, but of the borough, and as such cannot join with the borough to make the bill a taxpayer’s bill as against the township, and (2) because the borough school district authorities have full power in themselves apart from a taxpayer to maintain a bill to enforce its rights in school property. Equity — Ejectment bill — Fraud. 2. Equity has no jurisdiction to determine the rights of adverse claimants to land on a mere allegation of fraud as to a link in the chain of title when there is no other complication either as to parties or subject-matter, and where the only question involved is one of disputed title. 3. Where land has been taken from a township and annexed to a borough, and the borough claims title to school property in the annexed district by virtue of the annexation proceedings, and it appears that prior to the annexation the school district of the township had conveyed the land to an individual, and thereafter took from him a lease, the borough school district has no standing to maintain a bill in equity where the only ground alleged is that the deed from the township school district to its grantee was fraudulent. In such a case there is an adequate remedy at law, and the bill will be dismissed as an ejectment bill.