STATE EX REL. BD. OF ED., ETC. v. ROCKEFELLER

Nos. 15227, 15241.

281 S.E.2d 131 (1981)

STATE ex rel. The BOARD OF EDUCATION, COUNTY OF KANAWHA v. Hon. John D. ROCKEFELLER, IV, Governor, etc., et al. STATE ex rel. The W. VA. BOARD OF EDUCATION, a corporation v. Hon. John D. ROCKEFELLER, IV, Governor, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided May 28, 1981.

Majority Opinion June 30, 1981.

Concurring Opinion July 29, 1981.


Attorney(s) appearing for the Case

George S. Sharp and Michael T. Chaney, Charleston, for Kanawha and W. Va. Boards of Ed.

Chauncey Browning, Atty. Gen., Charleston, for respondents.

John O. Kizer, Love, Wise, Robinson & Woodroe, Charleston, for W. Va. Ass'n of School Administrators, amicus curiae.

Richard L. Douglas, Rice, Hannis & Douglas, Martinsburg, for Berkeley County Bd. of Ed., amicus curiae.

William H. Courtney, Director, for W. Va. School Service Personnel Ass'n, amicus curiae.

Tod J. Kaufman, Kaufman & Ratliff, Charleston, for West Virginia Ed. Ass'n, amicus curiae.


MILLER, Justice:

In this original mandamus, the relators1 seek to compel the Governor2 to restore a 2% cut in the expenditures authorized by the Legislature for public education in the 1981 fiscal year. The expenditure cut was ordered by the Governor on April 2, 1981, in a memorandum addressed to all State government agencies. The memorandum made a general reference to the adverse effect on the General Revenue...

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