522 A.2d 667 | Pa. Commw. Ct. | 1987
Opinion by
This is an appeal from an order of the Court of Common Pleas of Clearfield County that denied a petition of the West Branch Area School District Board of Directors (Board) to divide the school district into three
The instant litigation has its roots in an order of the Court of Common Pleas of Clearfield County dated March 4, 1985, by which order certain voting precincts in Clearfield County were altered and consolidated. Included among these precincts were those within the boundaries of the school district. Because of the consolidation, certain precincts became imcompatible in certain respects with the existing voting regions in the school district which encompassed five townships. This forced the Board to develop a plan to realign the election regions. The Boards authority to develop such a plan stems from Section 303 of the Public School Code of 1949, Act of March 10, 1949 (Code), P.L. 30, as amended, 24 P.S. §3-303. The school district is comprised of the townships of Cooper, Graham, Karthaus and Morris (all located in Clearfield County) and West Keating (located in Clinton County). The following chart sets forth the composition of the prior precincts by township as well as the new precincts.
Township Election Precincts Prior to 1986 New Precincts (Former Precincts)
Morris Township Munson Precinct Morrisdale • Precinct Ashcroft Precinct Allport Precinct Morris # 1 (Allport/ Morrisdale) Morris # 2 (Ashcroft/Munson)
Graham Township Centre Hill Precinct Graham Precinct Graham (Centre Hill/ Graham)
Karthaus Township Karthaus Precinct Cataract Precinct Karthaus (Karthaus/ Cataract)
Cooper Township Lanse Precinct Cooper # 1 (Lanse/ Cooper Precinct Cooper) Kylertown Precinct Cooper # 2 Winburne Precinct (Kylertown/Winburne)
*331 West Keating West Keating West Keating Township Township Township
(Clinton County)
Prior to 1985, there were three voting regions for the purposes of the selection of school board directors, with each region electing three directors. The composition of these regions was as reflected in the following chart:
Region # 1—
Lanse Precinct (Cooper Township)
Cooper Precinct (Cooper Township)
Kylertown Precinct (Cooper Township)
Winburne Precinct (Cooper Township)
Region # 2—
Munson Precinct (Morris Township)
Morrisdale Precinct (Morris Township)
Ashcroft Precinct (Morris Township)
Region # 3—
Allport Precinct (Morris Township)
Centre Hill Precinct (Graham Township) Graham Precinct (Graham Township)
Karthaus Precinct (Karthaus Township)
Cataract Precinct (Karthaus Township)
West Keating Township (Clinton County)
Because the consolidation combined the Morrisdale Precinct with the Allport Precinct, which were in separate regions before the consolidation, it was necessary to realign the precincts in order to re-determine the composition of each region.
The population data for each of the newly formed voting precincts is as follows:
Precinct Population
Cooper # 1 1,380
Cooper # 2 1,319
Morris # 1 1,817
Morris # 2 1,222
Graham 1,225
Karthaus 649
West Keating 81
The boundaries of the regions shall be fixed and established in such manner that the population of each region shall be as nearly equal as possible and shall be compatible with the boundaries of election districts.
The Board devised a plan (Plan B-l) that proposed the realignment of the three election regions as follows:
Region Population Precincts
Region # 1 Cooper # 1 Precinct Cooper # 2 Precinct 2,699
Region # 2 Graham Precinct Morris # 2 Precinct 2,447
Region # 3 Morris # 1 Precinct Karthaus Precinct West Keating Precinct 2,547
This plan was presented to the court of common pleas which held an evidentiary hearing. At that hearing one Bruce George appeared and identified himself as spokesperson for the electors and presented another plan for the courts consideration (Plan B-2).
Region # 1 Cooper # I Cooper # 2 2,699
Region # 2 Graham Karthaus West Keating 1,955
Region # 3 Morris # 1 Morris # 2 3,039
Mr. George on behalf of the electors argued that the Boards plan failed to consider the integrity of municipal boundaries, the expected change in population in the various regions, community characteristics, and the electors’ preferences. In addition, he argued that if the Board’s plan were adopted, two of the directors would not have to contend for the same directorship in an upcoming election and therefore that they had an interest in seeing that the Board’s plan was the one selected.
The trial court, after considering both plans, found that the School Board had failed “to consider the integrity of the municipal sub-divisions” and hence denied the Board’s petition and granted the petition of the electors. The Board appealed the adverse determination. On appeal here our function is to determine whether the selection of the electors’ plan by the common pleas court was proper under the provisions of Section 303 of the Code.
As previously noted, pursuant to Section 303 there are two specific substantive requirements which must be present in any plan presented, i.e., the population of each region shall be as nearly equal as possible and the boundaries shall be compatible with the boundaries of the election districts. There is no dispute here that neither plan violates the boundaries of the election districts. However, the electors argue that the Board in its proposed plan has violated municipal boundary lines. See appendix. We note first that there is absolutely nothing in Section 303 which indicates that municipal
Our resolution of this issue is in accordance with Spring-Ford Area School District Division Case, 210 Pa. Superior Ct. 338, 234 A.2d 184 (1967) wherein the Superior Court held that Section 303(b) sets up only two requirements. That restricted view of the statute was again followed by the Superior Court in Chichester School District Division Case, 210 Pa. Superior Ct. 426, 234 A.2d 187 (1967). The Chichester Court held that the trial court, in approving a particular plan under Section 303, had acted improperly in taking into consideration other factors including, inter alia, topography, pupil population, community characteristics, transportation of pupils, use of existing school buildings, existing administrative units, potential population changes and the capability of providing a comprehensive program of education.
Having determined that the Board’s plan cannot be discounted on the basis that it violated municipal boundary lines, we shall now consider and compare the two plans with respect to the population distribution requirement of Section 303. We begin by recognizing that Section 303(b)(3) clearly requires that “the population of each region shall be as nearly equal as possible. . . .” Thus, while the statute recognizes that absolute equality in population for the various regions is not likely to
Plan B-l (Boards Plan)
Population Deviation % Population Deviation
Region # 1 134.7 5 + %
Region #2 117.3 ■ 4 + %
Region #3 17.3 0%
Plan B-2 (Electors’ Plan)
Population Deviation % Population Deviation
Region # 1 134.7 5 + %
Region # 2 609.3 23 + %
Region #3 474.7 18 + %
Order
And Now, March 4, 1987, the order of the Court of Common Pleas of Clearfield County in the above captioned matter adopting the electors’ plan Plan B-2, is hereby reversed. This case is remanded to the trial court with directions that it immediately enter an order adopting the Board’s Plan, Plan B-l. The trial court may use its equity powers to extend the deadline for filing nominating petitions should such action be necessary and in the best interests of justice. See Barbieri v. Shapp, 474 Pa. 613, 379 A.2d 534 (1977) (opinion reported at 476 Pa. 513, 383 A.2d 218 (1978)). See also 42 Pa. C. S. §706 (permitting this Court as an appellate court to remand a matter and require such further proceedings as may be just under the circumstances). Jurisdiction relinquished.
Appendix
The Board argues that the electors presented no evidence that they were in fact “resident electors” or that a sufficient number of electors were represented pursuant to the strictures of Section 303. We deem these issues to have been waived inasmuch as they were not raised before the trial court and hence are not properly preserved on appeal to this Court. See Pa. R.A.P. 302(a).