In re Fahey

In In re Fahey, 344 Pa. 267, 277, 25 A.2d 158, 162 (1942), the Court held that the school director's "breach of duty" could support his removal. Arguably, a "breach of duty" could be construed to include malfeasance. In Fahey, the school directors were charged with "failure to make deposits in the 'sinking fund'...." Id. at 276, 25 A.2d at 162. The Supreme Court overturned their removal for the reason that the record lacked "clear proof of breach of duty" before the "drastic procedure" of removal was undertaken. Id. at 277, 25 A.2d at 162. The Supreme Court also cautioned that even where a duty has been breached "a court is not required to remove a board of directors; it is simply empowered to do so." Id. at 276, 25 A.2d at 162.