Board of Educ. of County of Wood v. Airhart

(Filed July 3, 2002)

I agree with the majority opinion in all respects except its failure to permit retroactive application of the rule announced in this ease, so as to permit appellants to obtain back pay in the present case. The majority’s stance on this issue is particularly puzzling since the Court has otherwise determined that appellants did not waive them right to “seek redress” for the Board’s violation of the uniformity requirement of W. Va.Code §§ 18-29-2(a) & 18A-4-5b.

In syllabus point five of Bradley v. Appalachian Power Co., 163 W.Va. 332, 256 S.E.2d 879 (1979), this Court…