76 Pa. Commw. 321 | Pa. Commw. Ct. | 1983
Opinion by
The Crestwood School District and the Crestwood School District Board (Appellants) appeal here from an order of the Court of Common Pleas of Luzerne County (1) denying a request for a preliminary injunction and (2) ruling on the merits of a complaint in equity. We remand.
On June 21, 1982, five residents of the Crestwood School District (District), John and Sandi Topito, Jr., Jeffrey and Patti Holmberg, and John D. Lambert (Petitioners), filed a complaint in equity against Appellants in which they advanced several legal theories in support of the proposition .that the Crestwood School District Board (Board) had improperly voted at a May 27, 1982 Board meeting to close a District elementary school known as the White Haven School. Among the theories advanced in this complaint was that the Board’s notice of its May 27, 1982 meeting
Now, this 24th day of August, 1982, the Petition for a Prelimianry Injunction is dismissed. It is further ordered, adjudged and decreed that the .special meeting of the Crestwood School District held on May 27, 1982, for ,the purpose of closing the "White Haven School was illegal, in that, the purpose of the special meeting was not .stated as required by the Public School Code of 1949, Section 423. The action taken is without prejudice to the School District to proceed to an appropriate special meeting by giving proper notice and hearing thereon.
In a subsequent opinion in support of its order, filed after Appellants filed an appeal to this Court, the court apparently concluded that it had to deny the request for a preliminary injunction since it was ruling on the merits of the equity action stated, inter alia, that “we have no other recourse than to dismiss the instant petition for a preliminary injunction, the action of the Crestwood School District Board dosing the White Haven School having no force and effect.”
Before this Court, Appellants raise a number of issues which need not be addressed here because of the procedural posture of this case.
Order
Now, August 11, 1983, the order of the Court of Common Pleas of Luzerne County dated August 24, 1982, and docketed at No. 65-E of 1982, is vacated, and the record in this case is hereby remanded for proceeding's consistent with the opinion above. Jurisdiction relinquished.