Legal Opinion · Dissent

Jackson v. Putnam County Board of Education

West Virginia Supreme Court

Decided June 29, 2007No. 33038Published

1DissentStarcher, J.

(Filed June 27, 2007)

I write separately to express my disagreement with the majority opinion in this case. The majority opinion simply ignores the law of the case in order to reach its result-oriented decision favoring the Putnam County Board of Education (“Board”).

The majority decision rests on a single point, namely, the majority’s refusal to recognize the existence of the Putnam County School Board regulations (“Policy Manual”).1 The majority steadfastly takes the position that “the Policy Manual was not ‘before the Court.’” This refusal to acknowledge the Policy Manual is the only basis…

2Cases cited5 opinions

  1. West Virginia Citizens Action Group, Inc. v. DaleyWest Virginia Supreme Court · 1984
  2. Barker v. Traders BankWest Virginia Supreme Court · 1969
  3. McGraw v. HansbargerWest Virginia Supreme Court · 1983
  4. Foundation for Independent Living, Inc. v. Cabell-Huntington Board of HealthWest Virginia Supreme Court · 2003
  5. State Ex Rel. Ash v. RandallWest Virginia Supreme Court · 1983

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