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LONGWELL v. BOE OF COUNTY OF MARSHALL

No. 30987.

583 S.E.2d 109 (2003)

213 W.Va. 486

Frank LONGWELL, Larry Ferrara, and William Kern, in Their Capacity as Citizens, Voters, Residents and Taxpayers of Marshall County, West Virginia, Plaintiffs Below, Appellants, v. The BOARD OF EDUCATION OF the COUNTY OF MARSHALL, a Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 6, 2003.

Dissenting Opinion of Justice McGraw July 3, 2003.

Concurring Opinion of Chief Justice Starcher July 9, 2003.

Attorney(s) appearing for the Case

Daniel J. Guida, Weirton, for the Appellants.

Thomas B. Miller, Schrader, Byrd & Companion, PLLC, Wheeling, for the Appellee.

DAVIS, Justice.

Several Marshall County Citizen Taxpayers appeal an order dismissing their legal action seeking a declaratory judgment and writ of mandamus. In dismissing the case, the Circuit Court of Marshall County concluded that county boards of education have the authority to hire legal counsel under W. Va.Code § 18-5-13(l). The Marshall County Citizen Taxpayers argue on appeal that, because W. Va.Code...

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