Petitioners for the Formation of an Independent School District v. Secretary of Education

In Petitioners for the Formation of an Independent School District v. Secretary of Education, 107 Pa. Commw. 160, 527 A.2d 1105 (Pa. Cmwlth. 1987) (North Allegheny), a group filed a petition for the formation of an independent school district with a court of common pleas, and the Secretary disapproved. Without waiting for the court to enter an order denying the petition, the group sought mandamus in this court to compel the Secretary to approve the group's petition. The Court denied mandamus, stating that mandamus will not lie where there is another appropriate and adequate remedy, and the group had such a remedy in the taking of an appeal from the order of the court of common pleas denying the petition. The Court explained: Under Section 242.1, the Secretary has the discretion to approve or disapprove a petition for transfer based on its educational merits. After determining whether the petition meets the procedural requirements of Section 242.1, the trial court must then enter a decree in accordance with the Secretary's decision. Thereafter, an affected party may appeal to this Court. Petitioners herein, therefore, had an appropriate and adequate remedy without seeking mandamus from this Court. We cannot at this point review the merits of their petition for transfer when Petitioners did not avail themselves of the appropriate appellate process. Id. at 1106.