Example Case In Which School Board Abused Its Discretion

In Winger v. Aires, 371 Pa. 242, 89 A.2d 521 (1952), the court held that a school board abused its discretion when it voted to acquire by eminent domain almost fifty-five acres of property for a school building that would accommodate only sixty-five pupils. The court characterized the school board's conduct as rebutting the "presumption ...that the decisions of school directors have been reached by the exercise of intelligent judgment and in a legal manner after suitable investigation." Winger, 371 Pa. at 246, 89 A.2d at 523 .