Spring Twp. S.D. v. Wyomissing H. S.D.
Spring Twp. S.D. v. Wyomissing H. S.D.
Opinion of the Court
Argued January 23, 1934.
On June 20, 1927, the Borough of Wyomissing Hills was incorporated out of territory within the boundaries of Spring Township, Berks County. A new school district was subsequently created for the new borough separate from the School District of Spring Township, within which it had formerly been comprised. There were no school buildings in the new district, and the *Page 333
directors of that district refused to assume a share of the indebtedness of the old district. Upon petition of plaintiff, the Court of Common Pleas of Berks County appointed commissioners to make an equitable adjustment of property between the two. Both parties having excepted to the commissioners' report, the court, after hearing, decreed a reapportionment between the two districts of school property, including funds, and of indebtedness. From this decree plaintiff (the old district) appealed, raising the question of jurisdiction of the court of common pleas "to make any apportionment of school property, or to decree that the old district shall pay to the new district a sum of money for real estate remaining in the old district, where there are no school buildings or school property taken by the new district or within its confines," relying on Munhall Boro. School District v. Mifflin Township School District,
The appeal is dismissed at cost of appellant. *Page 334
Reference
- Full Case Name
- Spring Township School District v. Wyomissing Hills School District.
- Status
- Published