State ex rel. Board of Education v. Spillers

This is an original proceeding in mandamus. This Court issued a rule in mandamus on July 3, 1979. On September 6, 1979, the Court granted petitions to intervene, making the defendants below intervenors in this proceeding. The case matured for decision on October 2, 1979.

On October 4, 1976, relator filed suit in the Circuit Court of Ohio County alleging negligence and breach of implied and express contractual warranties relating to *454site preparation and construction of a new senior high school building and associated facilities. The complaint asked for damages of $250,000. On January 7, 1977,…