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IN RE INDEPENDENT SCHOOL DIST.

No. 2268 C.D. 2012.

74 A.3d 389 (2013)

In re: Petition to Establish an INDEPENDENT SCHOOL DISTRICT FOR PROPERTY SITUATE IN JEFFERSON TOWNSHIP, Somerset County, For Purposes of Transfer to an Adjacent School District. Appeal of: Petition to Establish an Independent School District, Independent School District, Seven Springs Mountain Resort, Gary D. Gadley, Matthew Tarosky, William J. Lloyd, James A. Nassif, Robert M. Hernandez, Georgia C. Hernandez, Mary Jo Ochson, David A. Tonnies, Susan A. Jurik, Kurt J. Lesker, III, Michael A. Morris, Erin Morris, Mark J. Hileman, Rebecca Hileman, Annette D. Ganassi, Nancy J. Bonati, Joseph E. Archer, James P. Wilhelm, Paige M. Wilhelm, David P. Mendis, Lisa B. Mendis, David A. Fetchko, Mary Ellen Fetchko, Ross F. DiMarco, Jr., Candace DiMarco, Netco, Inc., Wilson J. Farmerie, Karen A. Farmerie, Virginia's Pheasant Run, LP, Paul V. Cunningham, Deborah A. Cunningham.

Commonwealth Court of Pennsylvania.

Decided August 9, 2013.

Attorney(s) appearing for the Case

Robert I. Boose, II , Somerset, for appellants.

Benjamin A. Carroll , Somerset, for appellee Somerset Area School District.

BEFORE: LEAVITT, Judge, COVEY, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge LEAVITT.

Petitioners own 22 contiguous parcels of real property in Jefferson Township that are located in the Somerset Area School District. They have filed a petition to establish an independent school district for purposes of transferring their properties to the Rockwood Area School District. The trial court dismissed their petition because it concluded that most of those signing it were not eligible to do so. They all owned property and paid taxes...

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