Meadville Area School District v. Department of Public Instruction

159 A.2d 482, 398 Pa. 496
CourtSupreme Court of Pennsylvania
DecidedMarch 22, 1960
DocketAppeal, No. 26
StatusPublished
Cited by16 cases

This text of 159 A.2d 482 (Meadville Area School District v. Department of Public Instruction) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meadville Area School District v. Department of Public Instruction, 159 A.2d 482, 398 Pa. 496 (Pa. 1960).

Opinion

Opinion by

Me. Justice Cohen,

Plaintiff School District authorized its officials to lease from the Meadville Area School Authority, a new senior high school building which the Authority was to erect. The School District filed due notice of its action with the defendant Department, and requested approval to proceed with said project. On December 21, 1955, defendant Department approved the project, without provision for any reimbursement by the Commonwealth. Subsequently, on March 22, 1956, the legislature enacted Act No. 417, P. L. 1315, 24 PS §§25-2572, 25-2574 to 25-2580, effective immediately as an amendment to the Public School Code, Act of March 10, 1949, P. L. 30, which authorized the Commonwealth to make rental reimbursement for school building projects, based on a statutory formula, to School Districts for leases approved by the Department of Public Instruction. The Act provided that no payment was to be made “unless such lease ... is approved by the Department of Public Instruction.” Section 2576(a). (Emphasis supplied).

[499]*499On May 7,1956, plaintiff submitted to defendant Department a duly executed copy of the agreement of lease for the defendants’ approval. Under the lease agreement, plaintiff became obligated to pay the School Authority, during the term of each school year, an annual rental of $150,000 for the building, payable in two semi-annual payments, the first payment due on September 15, 1956, and the second on March 15, 1957. For the 1956-57 school year, plaintiff did pay the School Authority $75,000 on September 15, 1956, and $75,000 on March 15, 1957.

Section 2577(a) of the Act empowered the Superintendent of Public Instruction during the school year 1956-57 to approve for rental reimbursement projects the reimbursable cost of which, when added to the reimbursable cost of projects approved in previous years, would not exceed in the school year 1956-57 the aggregate sum of $725,000,000. On February 4, 1957, several months after the first payment by plaintiff to the School Authority was due and made, defendant Department formally approved the agreement of lease for rental reimbursement. Plaintiff School District, upon approval of said lease, became entitled on the basis of the statutory formula to rental reimbursement of $50,-000 per year. Later, during 1957, the Department granted the plaintiff reimubrsement in the sum of $25,-000, both plaintiff and defendants treating this sum as reimbursement for the rental payment made on March 15, 1957.

Plaintiff, in this action, seeks a writ of mandamus to compel the Department of Public Instruction, the Auditor General and the State Treasurer to reimburse plaintiff in the sum of $25,000 toward the $75,000 lease payment made by plaintiff on September 15, 1956. Defendants, acting in accordance with opinions of the Attorney General, have taken the position throughout that plaintiff is not entitled to the disputed sum because [500]*500the rental payment was made prior to February 4, 1957, the date of formal approval by defendant Department of plaintiff’s agreement of lease. Defendants filed preliminary objections to plaintiff’s complaint contending (a) that the court lacked jurisdiction in mandamus, and (b) that the complaint did not aver facts which create a legal right to recovery. The Court of Common Pleas of Dauphin County entered an order dismissing the preliminary objections relating to jurisdiction, but sustaining the objections as to the complaint failing to state a cause of action. Plaintiff School District has appealed from that order.

There is no question that the court below possessed the requisite jurisdiction to determine whether an extraordinary writ of mandamus should issue. The law is clear that an action of mandamus will lie to compel public officials to perform their duties in accordance with the law. While mandamus will not lie to compel performance of an act which is purely discretionary in character, the writ will issue to require the performance of a purely ministerial duty on the part of a public officer. Mellinger v. Kuhn, 388 Pa. 83, 130 A. 2d 154 (1957); Dechert, Controller of the City and County of Philadelphia v. Commonwealth, 113 Pa. 229, 6 Atl. 229 (1886); 17 McQuillin, Municipal Corporations (3rd ed.) §51.16.

McQuillin defines a ministerial act as one which a public officer is required to perform upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. Id. at §51.19 Section 2574 of the Act of 1956 provides such mandatory statutory direction for the Department of Public Instruction: “. . . for approved school building projects for which the general construction contract was awarded but for which a lease was not approved by the Department of Public Instruction prior to the effective date [501]*501of this amending act, the Department of Public Instruction shall calculate an approved reimbursable rental. . . . Approved reimbursable rental . . . shall consist of . . .” Thereafter, in the subsections of Section 2574, the formula which defendant Department must apply in arriving at the reimbursable rental figure is spelled out. Section 2575 then states, “The Commonwealth shall pay annually to each school district erecting or sharing in the erection of a building or buildings ... on account of buildings for which the lease is approved subsequent to the effective date of this amending act ... an amount to be determined . . .,” by multiplying another statutory formula by the already determined reimbursable rental.

Once the lease is approved and the annual reimbursable amount is determined, it is clear from reading these sections that there is no discretion left to the public officials. Defendant Department must apply the statutory formulas to arrive at the amount of required payment. Determination of the figures to use in applying the statutory formulas may or may not entail the exercise of discretionary acts. But the Department’s duty, after lease approval and determination of the annual reimbursable amount, becomes purely ministerial and as such, is subject to mandamus in the event of nonperformance. When public officials act in an improper manner because of an erroneous interpretation of the law under which they are functioning, in Garratt v. Philadelphia, 387 Pa. 442, 127 A. 2d 738 (1956), mandamus will issue.

We now face the ultimate question, whether defendants’ demurrer was properly sustained. As quoted previously, Section 2575 provides, “The Commonwealth shall pay annually to each school district ... an amount to be determined. . . .” (Emphasis supplied). The lower court construed this to mean calendar year.

[502]*502We believe the lower court was in error in not construing “annually,” as used in the statute, to refer to a school year. The Public School Code of 1949, as amended; is literally sprinkled with specific references to the school year and other references that clearly contemplate the same. Use of the word “annually” here can have no other meaning. For example, the language of the very reimbursement provisions here under examination expresses a legislative intention that “annually” refers ■ to a school year. Section 2574(d), which relates to the calculation of approved rental reimbursement for participating districts, states that: “For purposes of calculating the amount of rental reimbursement the approved reimbursable rental for a school project constructed for two or more school districts shall annually

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Firearms Owners, Aplts v. Comm'r of PSP
Supreme Court of Pennsylvania, 2025
Beharry v. Mascara
27 Pa. D. & C.3d 695 (Washington County Court of Common Pleas, 1983)
Uniroyal, Inc. v. Coleman
328 A.2d 893 (Commonwealth Court of Pennsylvania, 1974)
Leases of Public School Buildings
63 Pa. D. & C.2d 683 (Pennsylvania Department of Justice, 1974)
Bogen v. City of Philadelphia
63 Pa. D. & C.2d 306 (Philadelphia County Court of Common Pleas, 1973)
Morgan v. Bucher
276 A.2d 523 (Supreme Court of Pennsylvania, 1971)
Rose Tree Media School District v. Department of Public Instruction
244 A.2d 754 (Supreme Court of Pennsylvania, 1968)
Commonwealth ex rel. Specter v. Martin
232 A.2d 729 (Supreme Court of Pennsylvania, 1967)
Pennsylvania ex rel. Rawlings v. Botula
260 F. Supp. 298 (W.D. Pennsylvania, 1966)
Berkowitz v. State Civil Service Commission
38 Pa. D. & C.2d 268 (Dauphin County Court of Common Pleas, 1965)
Volunteer Firemen's Relief Ass'n v. Minehart
203 A.2d 476 (Supreme Court of Pennsylvania, 1964)
Getz v. Lehighton Borough
180 A.2d 230 (Supreme Court of Pennsylvania, 1962)
Potoczny v. Dydek
162 A.2d 70 (Superior Court of Pennsylvania, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
159 A.2d 482, 398 Pa. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meadville-area-school-district-v-department-of-public-instruction-pa-1960.