SCHOOL - PENNSYLVANIA

Ambler v. Board of School Directors of the Hatboro-Horsham School District

Commonwealth Court of Pennsylvania - December 12, 2019 - A.3d - 2019 WL 6754781

Property owners brought action against board of school directors objecting to sale of property under provisions of Donated or Dedicated Property Act (DDPA).

The Court of Common Pleas granted that part of owners’ complaint requiring that any sale of district property proceed in accordance with DDPA and precluded proposed sale. Board appealed.

The Commonwealth Court held that as matter of first impression, Code, not DDPA provided substantive authority for school district to dispose of donated property and how to use sale proceeds.

Public School Code, not Donated or Dedicated Property Act (DDPA) provided substantive authority for school district to dispose of donated property and how to use sale proceeds, although neither statute provided that it was the exclusive law governing the disposal of school lands, since differences between statutes processes, notice provisions, rights to object, options for disposing of land and buildings, and disposition of proceeds were irreconcilable, and there was no indication that it was the manifest intention of General Assembly that later enacted DDPA prevail over Code.



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