228 Pa. 119 | Pa. | 1910
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.