Department of Education v. Chester-Upland School District (Per Curiam Order)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF EDUCATION, : : Appellee : : : v. : : : CHESTER-UPLAND SCHOOL DISTRICT : SPECIAL BOARD OF CONTROL, : MICHAEL F. X. GILLIN, B. GRANVILLE : LASH AND ADRIENE M. IRVING, : : Appellants : No. 147 MAP 2005 Appeal from Order of the Commonwealth Court at No. 496 MD 2005 entered November 21, 2005, that granted peremptory judgment in the nature of mandamus, and denied Appellee s Application for Relief as to preliminary injunctive relief or alternatively a receivership pendent lite. ORDER PER CURIAM DECIDED: November 21, 2006 We hereby REVERSE the order of the Commonwealth Court granting appellee partial summary relief in the nature of a peremptory judgment in mandamus. This matter is REMANDED to the Commonwealth Court for an evidentiary hearing on the merits of appellee s petition for review. See Camiel v. Thornburgh, 489 A.2d 1360 (Pa. 1985); Commonwealth ex rel. Schaffer v. Wilkins, 115 A. 887 (Pa. 1922).

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