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BOARD OF EDUC. v. W.VA. BD. OF EDUC.

No. 19736.

399 S.E.2d 31 (1990)

The BOARD OF EDUCATION OF COUNTY OF KANAWHA v. The WEST VIRGINIA BOARD OF EDUCATION. STATE of West Virginia ex rel. Thornton COOPER v. Henry R. MAROCKIE; the West Virginia State Board of Education; and the Board of Education of the County of Kanawha and Douglas Skaff, Individually, and on Behalf of Concerned Citizens and Parents of the South Charleston Junior High School Attendance Area.

Supreme Court of Appeals of West Virginia.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Basil R. Legg, Jr., Director of Legal Services, Charleston, for The WV Bd. of Educ. Henry R. Marockie.

Deborah L. McHenry, J. Michael Ranson, Ranson, Ranson & McHenry, Charleston, for Douglas Skaff and Concerned Citizens.

Greg Bailey, William Courtney, Charleston, for Bd. of Educ. of County of Kanawha.

Thornton Cooper, South Charleston, for Thornton Cooper.

MILLER, Justice:

This is an appeal from a final order in two cases that were consolidated for hearing in the Circuit Court of Kanawha County. The central issue is whether the West Virginia Board of Education (State Board) is empowered to approve or disapprove a school consolidation and school closure plan adopted by a county board of education under W.Va.Code, 18-5-13a. We conclude that the State Board has such authority, and we reverse the judgment of the circuit...

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