G.M. McCrossin, Inc. v. West Virginia Board of Regents

McGRAW, Chief Justice:

This is an appeal from an order by the Circuit Court of Kanawha County dismissing a suit filed by the appellant, G.M. McCrossin, Inc., against the West Virginia Board of Regents. The circuit court based its decision on a determination that the appellant’s suit was barred under article VI, section 35 of the West Virginia Constitution. Presenting various equitable arguments, the appellant asks us to overrule, at least in contract cases, our previous decision under which the Board of Regents claims constitutional immunity from suit. City of Morgantown v. Ducker, 153 W.Va.…