Dep. of Education v. Empowerment Board (Per Curiam Order)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF EDUCATION : : v. : : THE EMPOWERMENT BOARD OF : CONTROL OF THE CHESTER-UPLAND : SCHOOL DISTRICT, MEMBERS, MARK : WOOLEY, ESQUIRE, KATHY SCHULTZ, : AND JUAN BAUGHN : : APPEAL OF: CHESTER-UPLAND : SCHOOL DISTRICT SPECIAL BOARD : OF CONTROL, MICHAEL F.X. GILLIN, : AND WALLACE H. NUNN : No. 53 MAP 2007 Appeal from the Order of the Commonwealth Court at No. 496 M.D. 2006 dated May 2, 2007 ORDER PER CURIAM AND NOW, this 27th day of December, 2007, the appeal is hereby QUASHED. This court s affirmance of the Commonwealth Court s order dated April 16, 2007 by opinion and Order at Commonwealth of Pennsylvania, Dep t of Education v. Chester-Upland Special Board of Control et al., 42 MAP 2007, ___ A.2d ____ (Pa. 2007), granting the Department of Education s Application to Substitute Parties has the effect of substituting the Empowerment Board of Control of the Chester-Upland School District for the Special Board of Control of the Chester-Upland School District. Therefore, the Special Board of Control of the Chester-Upland School District is no longer a party to this appeal. See, e.g., Blackwell v. Commonwealth, States Ethics Comm n, 567 A.2d 630 (Pa. 1989) (holding quashal is appropriate when entity was out of existence ).

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