Legal Opinion

Winkler v. State School Building Authority

West Virginia Supreme Court

Decided July 22, 1993No. 21829, 21830PublishedCited by 42 opinions

1Opinion of the Court

MILLER, Justice:

The question that we are asked to decide on this appeal is whether the Circuit Court of Kanawha County was in error when it held in its July 9, 1993 order that the Capital Improvement and Revenue and Refunding Bonds, Series 1993, issued by the appellant, State of West Virginia School Building Authority (SBA) in the amount of $338,145,000, were invalid as violating Sections 4 and 6 of Article X of the Constitution of West Virginia.1 These constitutional provisions restrict the ability of the State to issue bonds that draw upon the State’s general revenue funds.

I

The appellants…

2Cases cited73 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. Cipriano v. City of HoumaSupreme Court of the United States · 1969
  3. City of Phoenix v. KolodziejskiSupreme Court of the United States · 1970
  4. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  5. Pauley v. KellyWest Virginia Supreme Court · 1979

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3Cited by42 opinions

  1. Booth v. SimsWest Virginia Supreme Court · 1995
  2. Chism v. Jefferson CountySupreme Court of Alabama · 2006
  3. SER Patrick Morrisey, Attorney General v. W. Va. Ofc. of Disciplinary Counsel, etc.West Virginia Supreme Court · 2014
  4. Lonegan v. StateSupreme Court of New Jersey · 2002
  5. State Ex Rel. West Virginia Citizens Action Group v. West Virginia Economic Development Grant CommitteeWest Virginia Supreme Court · 2003

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