SER Fairmont State University Bd. of Governors v. Hon. Patrick N. Wilson

Justice Ketchum:

The Fairmont State University Board of Governors (“Fairmont State”) and the West Virginia Higher Education Policy Commission (“HEPC”) were sued in the Circuit Court of Marion County by some faculty members of Fairmont State. Fairmont State and the HEPC filed identical motions to dismiss the lawsuit based on, among other things, improper venue. The circuit court denied both motions to dismiss.

Fairmont State requests that we issue a writ prohibiting the circuit court from hearing the lawsuit against it and the HEPC. West Virginia’s venue statutes require that the lawsuit against…