Longwell v. BOE OF COUNTY OF MARSHALL
West Virginia Supreme Court
1Opinion of the Court
*488DAVIS, Justice.
Several Marshall County Citizen Taxpayers appeal an order dismissing their legal action seeking a declaratory judgment and writ of mandamus. In dismissing the case, the Circuit Court of Marshall County concluded that county boards of education have the authority to hire legal counsel under W. Va.Code § 18-5-18(1). The Marshall County Citizen Taxpayers argue on appeal that, because W. Va.Code § 7-4-1 imposes upon prosecuting attorneys a duty to represent boards of education, a board of education is compelled to rely upon prosecuting attorneys for legal representation and may…
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