PENDLETON CITIZENS FOR COMMNITY SCHOOLS, a West Virginia Nonprofit Corporation; and Glen L. and Jolene Eye; and Chris Eye, a juvenile by his parent and next friend Jolene Eye, and Darrell E. Nichols and Diane Hiner and Krista Hiner by her parent and next friend Diane Hiner; and Danny L. and Linda J. Judy; and Brian Judy by his next parent and next friend Linda J. Judy, and Norman and Karen Kile; and Nicholas Kile by his parent and next friend Karen Kile; and Craig and Paula Kisamore, and April and Jonathan Kisamore by their parent and next friend Paula Kisamore; and Charles M. and Shirley Lamborne; and Michelle and Michael Lamborne by their parent and next friend Shirley Lamborne; and Lysle and Kathy Smith; and Linsley Smith by her parent and next friend Kathy Smith, Plaintiffs below, Appellees,
v.
Henry MAROCKIE, State Superintendent of Schools; The West Virginia Board of Education; The West Virginia School Building Authority; Clacy Williams, Executive Director of the West Virginia School Building Authority; and The Pendleton County Board of Education, Defendants below, Appellants.
PENDLETON CITIZENS FOR COMMNITY SCHOOLS, a West Virginia Nonprofit Corporation; and Glen L. and Jolene Eye; and Chris Eye, a juvenile by his parent and next friend Jolene Eye, and Darrell E. Nichols and Diane Hiner and Krista Hiner by her parent and next friend Diane Hiner; and Danny L. and Linda J. Judy; and Brian Judy by his next parent and next friend Linda J. Judy, and Norman and Karen Kile; and Nicholas Kile by his parent and next friend Karen Kile; and Craig and Paula Kisamore, and April and Jonathan Kisamore by their parent and next friend Paula Kisamore; and Charles M. and Shirley Lamborne; and Michelle and Michael Lamborne by their parent and next friend Shirley Lamborne; and Lysle and Kathy Smith; and Linsley Smith by her parent and next friend Kathy Smith, Plaintiffs below, Appellees,
v.
Henry MAROCKIE, State Superintendent of Schools, The West Virginia Board of Education; The West Virginia School Building Authority; and Clacy Williams, Executive Director of the West Virginia School Building Authority, Defendants below, Appellants.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted June 9, 1998.
Decided July 14, 1998.
Attorney(s) appearing for the Case
Robert M. Bastress, Esq., Morgantown, West Virginia, James B. Lees, Jr., Esq., Charleston, West Virginia, Attorneys for Appellees.
Howard E. Seufer, Jr., Esq., John R. Teare, Jr., Esq., Kimberly S. Croyle, Esq., Bowles Rice McDavid Graff & Love, PLLC, Attorneys for Appellant Pendleton County Board of Education.
Gregory W. Bailey, Esq., Charleston, West Virginia, Amicus Curiae, West Virginia Association of School Administrators.
M.E. "Mike" Mowery, Esq., M. Christine F. Morris, Esq., Michael R. Crane, Esq., Jennifer B. Walker, Esq., Charleston, West Virginia, Amicus Curiae, The West Virginia Legislature.
Darrell V. McGraw, Jr., Esq., Attorney General, Kelli D. Talbott, Esq., Senior Assistant Attorney General, Katherine A. Schultz, Esq., Senior Deputy Attorney General, Charleston, West Virginia, Attorneys for Appellants Henry Marockie, The West Virginia Board of Education, The West Virginia School Building Authority, and Clacy Williams.
Franklin D. Cleckley, Esq., Morgantown, West Virginia, Amicus Curiae, The Annenberg Rural Challenge.
Supreme Court of Appeals of West Virginia.
STARCHER, Justice:.
In the instant case, the Circuit Court of Kanawha County ruled that the closing of a high school in Circleville, in Pendleton County, violates both statutory law and our state constitutional right to education. We conclude that the circuit court erred in both conclusions. Consequently, we reverse the circuit's court's decision.
I.
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