Legal Opinion · Concurrence

Jackson v. Putnam County Board of Education

West Virginia Supreme Court

Decided June 29, 2007No. 33038Published

1ConcurrenceDavis, C.J.

(Filed June 29, 2007)

In this proceeding, the majority has affirmed the circuit court’s order granting-summary judgment to the Board. I agree with the decision and reasoning of the majority opinion. However, I have chosen to write separately in support of the majority’s decision not to take judicial notice of the Board’s Policy Manual.

Appellate Judicial Notice was Discretionary

Here, the appellant argued that, under the Board’s Policy Manual, the decedent was required to be transported by bus to the campground. Since this did not occur, the Board violated the Policy Manual and proximately…

2Cases cited12 opinions

  1. Vons Companies, Inc. v. Seabest Foods, Inc.California Supreme Court · 1996
  2. Powderidge Unit Owners Ass'n v. Highland Properties, Ltd.West Virginia Supreme Court · 1996
  3. Sparkman v. MaxwellTexas Supreme Court · 1975
  4. Groves v. County Court of Grant CountyWest Virginia Supreme Court · 1896
  5. State v. McCarthySupreme Court of Connecticut · 1985

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