Schools — Joint school districts — Joint school boards — Constitutional law — Unlawful delegation of authority — Equity — Laches — Public School Code of 1949.
In this action in equity seeking to restrain a school district from collecting certain school taxes and from paying any money to a joint school board and seeking refunds of money already paid, upon the ground that Article XVII of the Public School Code of 1949, P. L. 30, which authorizes the formation of joint school boards, is invalid in that it permits a school district unconstitutionally to delegate its powers and authority to a joint school board, it was Held that (1) the statute does not authorize an unreasonable delegation of authority, (2) the long delay in raising the question constituted laches, and (3) the court below properly dismissed the complaint.
OPINION PER CURIAM, December 30, 1959:
The decree of the court below sustaining the defendants' preliminary objections and dismissing the plaintiffs' complaint is affirmed on the opinion of Judge LEWIS of the 11th Judicial District for the court en banc.
Decree affirmed at the appellants' costs.