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PASHKO ET AL. v. DEPT. OF EDUCATION ET AL.

No. 2037 C.D. 1977.

44 Pa.Commw. 578 (1979)

Citizens for Open Air Recreation by Leon Pashko et al., Petitioners v. Commonwealth of Pennsylvania, Department of Education and William Penn School District, Respondents.

Commonwealth Court of Pennsylvania.

August 3, 1979.

Attorney(s) appearing for the Case

James Cunilio, for petitioner.

Grace D'Alo, Assistant Attorney General, with her Patricia A. Donovan, Deputy Attorney General, Chief Counsel, for respondent, Pennsylvania Department of Education.

John K. Steuerwald, with him Class, Saulnier, Dunn, Abel and Miller, for respondent, William Penn School District.

Argued June 4, 1979, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., August 3, 1979:

The instant petition for review challenges an order of the Pennsylvania Department of Education (Department) giving final approval to William Penn School District's (District) plans for the construction of a new elementary school. We affirm.

At its April, 1976 meeting the District voted approval for the construction of two new schools one of which, the Park Lane Elementary School, is the subject of this appeal...

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