745 S.E.2d 424
W. Va.2013Background
- Kanawha County BOE challenges funding obligation to the Kanawha Library under Kanawha Special Act and amended W. Va. Code § 18-9A-11 as unconstitutional under equal protection.
- Legislature amended § 18-9A-11 (2008) to move library obligation to discretionary retainage or excess levy, and to find libraries serve a legitimate school purpose.
- Circuit Court held Kanawha County BOE has jus tertii standing to sue on behalf of Kanawha County students and granted summary judgment voiding the statute as applied to Kanawha County.
- Circuit Court found unequal treatment between Special Act counties and non-Special Act counties and found no compelling state interest justifying the disparity.
- Court also held Kanawha Special Act unconstitutional to the extent it imposes library funding obligation on Kanawha BOE; stay pending WV BOE and Library appeals.
- On appeal, the WV Supreme Court affirms the circuit court’s judgments, with Chief Justice Benjamin dissenting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue on equal protection claim | Kanawha BOE has jus tertii standing to vindicate students' rights. | Library argues no standing as a non-sovereign entity; cannot sue as a 'person'. | Kanawha BOE has jus tertii standing to pursue equal protection claim. |
| Prematurity of summary judgment | Discovery needed to show compelling state interest. | No need for discovery; case ripe for summary judgment. | Summary judgment not premature; discovery not required under the circumstances. |
| Constitutional equal protection analysis of § 18-9A-11 as amended | Amended § 18-9A-11 continues to create lack of uniformity and violates equal protection. | Legislative findings cure any equal protection issues; library serves a legitimate school purpose. | § 18-9A-11 (2008) unconstitutionally creates lack of uniformity; violates equal protection. |
| Validity of Kanawha Special Act | Special Act unconstitutional insofar as it obligates Kanawha BOE to fund library from regular or excess levies. | Special Act remains valid for other units; issue not properly addressed in this case. | Kanawha Special Act unconstitutional to the extent it compels Kanawha BOE library funding from levies. |
Key Cases Cited
- Board of Education of the County of Kanawha v. West Virginia Board of Education, 219 W.Va. 801, 639 S.E.2d 893 (2006) (holding library funding violated equal protection; lack of uniformity standard)
- Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979) (education is a fundamental right; strict scrutiny for unequal funding)
- Manchin v. State, 179 W.Va. 235, 366 S.E.2d 743 (1988) (legislative remedies must be supported by facts justifying disparate treatment)
- Bailey v. Randolph County Board of Education, 192 W.Va. 534, 453 S.E.2d 368 (1994) (remedies for legislative amendments reflecting prior equal protection concerns)
- State ex rel. Baliles v. Board of Supervisors, 829 F.2d 1308 (4th Cir. 1987) (jus tertii standing in fourth circuit context)
- Powers v. Ohio, 499 U.S. 400 (1991) (three-pronged test for third-party standing)