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STATE EX REL. BD. OF EDUC. v. CAPERTON

No. 21907.

441 S.E.2d 373 (1994)

190 W.Va. 652

STATE of West Virginia ex rel. the BOARD OF EDUCATION OF the COUNTY OF KANAWHA, et al., Petitioners Below, Appellees, v. Honorable Gaston CAPERTON, Governor of the State of West Virginia, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 17, 1994.

Attorney(s) appearing for the Case

Gregory W. Bailey, Gen. Counsel, Kanawha County Schools, William C. Forbes, Pros. Atty. for Kanawha County, William McGinley, Gen. Counsel, West Virginia Educ. Ass'n., and Larry Harless, Charleston, for appellees.

Dawn E. Warfield, Deputy Atty. Gen. and Diana Stout, Sp. Asst. Atty. Gen., Charleston, for appellant.

MILLER, Justice:

Governor Gaston Caperton appeals from an order entered by the Circuit Court of Kanawha County on July 28, 1993, compelling him to restore a 1.5% cut in the public education appropriation for fiscal year 1992-93. Because the challenges raised by the appellee boards of education were not made prior to the end of the pertinent fiscal year coupled with the fact that there is no statutory basis for restoration of appropriations following the expiration...

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