Mason County Board of Education v. State Superintendent of Schools, Taylor

Miller, Justice:

This appeal, from the refusal of the Circuit Court of Kanawha County to issue a writ of certiorari, involves the question of whether a county board of education has standing in certiorari to obtain judicial review of an adverse decision of the State Superintendent of Schools. We hold that it does.

The Circuit Court was of the opinion that the Mason County Board of Education lacked standing, since it had originally acted in a quasi-judicial capacity when it dismissed a school principal under the provisions of W. Va. Code, 18a-2-8.

The facts are not in dispute. On September 1,…