Blower v. West Virginia Educational Broadcasting Authority

MILLER, Justice:

The certified question posed in this case is whether the West Virginia Educational Broadcasting Authority (EBA) is a state agency and thus subject to the special venue provisions of W.Va.Code, 14-2-2(a)(l) (1976). 1 This question arose when a former employee of EBA sued for back wages in the Circuit Court of Cabell County. EBA filed a motion to dismiss the suit on the basis of improper venue. The circuit court refused to dismiss the action, holding that EBA was not a state agency and then certifying the question to this Court.

The parties agree that if EBA is a state agency,…