Ohio Valley Contractors v. BOARD OF ED., ETC.

HARSHBARGER, Justice:

We have consolidated these cases because they require that we reexamine our conclusion in Boggs v. Board of Education of Clay County, 161 W.Va. 471, 244 S.E.2d 799 (1978), that county boards of education are entitled to the constitutional immunity from suit provided to the State in W.Va. Const. art. VI, § 35. Ohio Valley Contrae-tors is a contract claim and Whitlock is a torts case, and both were dismissed by trial courts.

We find that Syllabus Point 3 of Boggs 1 was wrong in its conclusion that local school boards have immunity from suit; and it is overruled.

I

W.Va.Const.…