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KANAWHA COUNTY v. BOARD OF EDUC.

Nos. 11-1224, 11-1486.

745 S.E.2d 424 (2013)

KANAWHA COUNTY PUBLIC LIBRARY BOARD, a public corporation; West Virginia Board of Education, a public corporation; and Dr. Jorea Marple, in her official capacity as Superintendent of Schools of the State of West Virginia, Intervenor/Defendants Below, Petitioners v. The BOARD OF EDUCATION OF the COUNTY OF KANAWHA, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided: February 22, 2013.

Attorney(s) appearing for the Case

Christopher J. Winton, Esq. , Ray, Winton & Kelley, PLLC, Larry L. Rowe, Esq. , Charleston, WV, for Kanawha County Public Library Board.

Albert F. Sebok, Esq. , Jonathan L. Anderson, Esq. , Jackson Kelly PLLC, Charleston, WV, for Respondent.

Patrick Morrisey, Esq. , Attorney General, Kelli Talbott, Esq. , Assistant Attorney General, Charleston, WV, for West Virginia Board of Education and Dr. Jorea Marple.

Benjamin L. Bailey, Esq. , Bailey & Glasser, LLP, Charleston, WV, for Amicus Curiae West Virginia Library Association.

Anthony I. Werner, Esq. , Bachmann, Hess, Bachmann & Garden, PLLC, Jeffrey A. Holmstrand, Esq. , David S. Givens , Flaherty, Sensabaugh, Bonasso, PLLC, Wheeling, WV, for Amici Curiae The Ohio County Public Library and other interested West Virginia Public Libraries.

WORKMAN, Justice:

This is an appeal of the Circuit Court of Kanawha County's September 27, 2011, order refusing to set aside its July 28, 2011, orders denying the motion to dismiss of the petitioner/intervenor below, Kanawha County Public Library Board (hereinafter "the Library"), and granting summary judgment and injunctive relief in favor of respondent/plaintiff below, The Board of Education of the County of Kanawha (hereinafter the "Kanawha County BOE"). The July...

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