Rebekah GULNAC, a minor and student, by John GULNAC, her parent and natural guardian, and John Gulnac in his own right; Bradley Habenicht, a minor and student, by Mary Clare Habenicht, his parent and natural guardian, and Mary Clare Habenicht in her own right; David M. Sinz, a minor and student, by David Sinz, his parent and natural guardian, and David Sinz in his own right; Amy Horne, a minor and student, by George Horne, her parent and natural guardian, and George Horne, in his own right, v. SOUTH BUTLER COUNTY SCHOOL DISTRICT; Directors of the South Butler County School District; Doris Antoszyk, Geraldine Freehling, Kathryn Helfer, Carl Jones, James Kennedy, Bonnie Miller, Erma Mowry, Richard Sefton and H.F. Westerman; South Butler County Education Association; and Jay Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum, Officers of the South Butler Education Association, and All Unnamed Teachers and Professional Employees Who Are Employed by the South Butler County School District Who Are Members of the South Butler County School District. Appeal of SOUTH BUTLER COUNTY EDUCATION ASSOCIATION; and Jay Reinbolt, Ray Greco, Jacqueline Pieffer and Lynn Sontum, Officers of the South Butler Education Association, and All Unnamed Teachers and Professional Employees Who Are Employed by the South Butler County School District Who Are Members of the South Butler County School District, 526 Pa. 483
Summary
Appellant teachers association sought review of a lower court order, upon the request for declaratory relief by appellees, parents and students, declaring appellant's limited right to strike as violative of Pa. Const. art. III, § 14, which guaranteed the right to an education. On appeal, the lower court ruling was vacated. In support of its ruling, the court held that a declaratory judgment may not be employed to determine rights in anticipation of events that may never occur or for consideration of moot cases or as a medium for the rendition of an advisory opinion that may prove to be purely academic. With respect to the instant case, the court found that once the lower court held that, while appellant's strike was unconstitutional, appellees had no standing to seek relief against them, it became moot whether the teachers had a theoretical right to strike under the state Constitution. Accordingly, the court noted that it was unnecessary to reach the constitutional issue, and by doing ...