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IN RE ESTABLISHMENT OF INDEPENDENT SCH.

846 A.2d 771 (2004)

In re ESTABLISHMENT OF INDEPENDENT SCHOOL DISTRICT CONSISTING OF the BOROUGH OF WHEATLAND, Mercer County, Pennsylvania. Appeal of Borough of Wheatland.

Commonwealth Court of Pennsylvania.

Decided February 27, 2004.

As Amended on Grant of Reargument May 4, 2004.

Attorney(s) appearing for the Case

Joann M. Jofrey, Sharon, for appellant.

James Nevant, Hermitage, for appellee.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge PELLEGRINI.

Residents and taxpayers (collectively Petitioners) of the Borough of Wheatland (Borough) appeal an order of the Court of Common Pleas of Mercer County (trial court) dismissing their petition to establish an independent school district pursuant to Section 242.1(a) of the Public School Code of 1949 (Public School Code).1

Under Section 242.1(a) of the Public School...

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