Thomas v. Board of Education

McGraw, Justice:

This case is before the Court on certified questions from the Circuit Court of McDowell County pursuant to W.Va. Code § 58-5-2. In the questions presented we are asked to reexamine the doctrine of sovereign immunity as it relates to both the State Board of Education and county boards of education as they grow out of a dispute involving the misapplication of funds raised by a special county election, which funds were intended to supplement the wages of McDowell County non-teaching school employees. Because of the detailed nature of this case, it is necessary to summarize the…