Cynthia STANLEY, Lexie Redden, Jerry L. Payne, David Kinder, George Cremeans, Mary Sue Catlett, and William Annon, Petitioners Below, Appellees
v.
The DEPARTMENT OF TAX AND REVENUE and the Division of Personnel, Respondents Below,
The Department of Tax and Revenue, Appellants.
Constance Buffey, Petitioner Below, Appellant
v.
Harrison County Board of Education, Respondent Below, Appellee.
Shirley Crock and Grace Washington, Petitioners Below, Appellants
v.
Harrison County Board of Education, Respondent Below, Appellee.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted April 6, 2005.
Decided May 26, 2005.
Attorney(s) appearing for the Case
James P. McHugh, Barrett, Chafin, Lowry, Amos & McHugh, Charleston, for Cynthia Stanley, Lexie Redden, Jerry L. Payne, David Kinder, George Cremeans, Mary Sue Catlett, and William Annon.
Barbara Evans Fleischauer, Morgantown, for Constance Buffey.
Amy M. Smith, Nancy W. Brown, Steptoe & Johnson, Clarksburg, for Harrison County Board of Education.
Kathleen Abate, Cohen, Abate & Cohen, Morgantown, for Shirley Crock and Grace Washington.
Charles F. Donnelly, Donnelly, Carbone & Kettler, Charleston, Amici Curiae for the West Virginia Federation of Teachers, AFL-CIO and American Federation of State, County and Municipal Employees Council 77.
Darrell V. McGraw, Jr., Attorney General, John S. Dalporto, Senior Assistant Attorney General, Charleston, for The Department of Tax and Revenue.
Karen O'Sullivan Thornton, Assistant Attorney General, Amicus Curiae for the West Virginia Division of Personnel.
B. Allen Campbell, Senior Assistant Attorney General, Amicus Curiae for the West Virginia Division of Health and Human Resources.
Paul T. Ferrell, Jr., Wilson, Frame, Benninger & Metheney, Morgantown, Amicus Curiae for the West Virginia Trial Lawyers Association.
William B. McGinley, Charleston, Amicus Curiae for the West Virginia Education Association.
Supreme Court of Appeals of West Virginia.
STARCHER, J.:
In the instant case, we affirm one circuit court's decision regarding attorney fee awards in public employee grievances; we reverse another circuit court's decision in two other public employee grievance attorney fee award cases.
I.
Facts & Background
The instant case combines three appeals from the lower courts.
In Case No. 31859, the appellants are the West Virginia Department of Tax and Revenue and the...
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