Maikotter v. University of West Virginia Board of Trustees/West Virginia University

This case presents rather straightforward issues of statutory construction. The majority has correctly concluded that the interpretation WVU seeks to impose on the meaning of “a job opening,” as is set forth in W. Va.Code § 18B-7-l(d), does not comport with the manner in which the Legislature used the phrase. No qualifying language was attached to the phrase, therefore, it would be an abuse of our authority to add qualifying language. I therefore concur in the resolution of the substantive issue properly raised by the parties in this case. However, I must depart from the majority opinion with…