Legal Opinion · Dissent

Mingo County Board of Education v. Jones

West Virginia Supreme Court

Decided December 15, 1998No. 24968Published

1DissentWorkman, Justice

The Mingo County Superintendent of Schools, Mr. Everett Conn, and the Mingo County Board of Education chose the applicant they deemed best qualified to serve as the principal of Matewan High School. The Board violated no statute, and it had good and sound reasons for its decision.1 Yet the *344majority now removes this principal from her job and requires the Mingo County Board of Education to pay years of back wages. Thus, I must vociferously dissent.

West Virginia Code § 18A-4-7a neither explicitly authorizes nor explicitly precludes re-posting of job openings. The majority’s interpretation of…

2Cases cited14 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. ShimerSupreme Court of the United States · 1961
  3. Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
  4. State v. SnyderWest Virginia Supreme Court · 1908
  5. Ewing v. Board of EducationWest Virginia Supreme Court · 1998

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