Supreme Court of Pennsylvania, 2003

Lord's New Church

Lord's New Church
Supreme Court of Pennsylvania · Decided June 19, 2003 · Castille, Files
826 A.2d 863 (Atlantic Reporter, Second Series)

Lord's New Church

Opinion of the Court

ORDER

PER CURIAM:

AND NOW, this 19th day of June, 2003, the Petition for Allowance of Appeal is hereby GRANTED; the Order of the Commonwealth Court of February 4, 2003 is REVERSED only in so far as it voided the actions of the special meeting of the Board of Directors on June 23,1999, see 15 P.S. § 5703(b), and is AFFIRMED in ah other respects. The Application for an Emergency Stay is DENIED. The Motion for Leave to File Reply is DENIED.

Justice CASTILLE files a dissenting statement.

Dissenting Opinion

JUSTICE CASTILLE,

DISSENTING.

I dissent. I would uphold the well-reasoned decision of the Commonwealth Court. I believe that the five-day notice requirement for meetings under the Non Profit Corporation Law, 15 Pa.C.S. § 5703(b), is the minimum notice and that the corporation’s bylaws cannot compress the time limitation. This matter itself demonstrates why the time limit must be a minimum, since various members of the charitable organization reside in the United States, South Africa and the Netherlands.

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