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STATE EX REL. BOARDS OF EDUC. v. CHAFIN

Nos. 18522, 18523.

376 S.E.2d 113 (1988)

STATE of West Virginia ex rel. the BOARDS OF EDUCATION OF THE COUNTIES OF UPSHUR, ET AL., Petitioners, v. Honorable Robert G. CHAFIN, Special Judge, Respondent. Michael E. CARYL, West Virginia State Tax Commissioner; Glen B. Gainer, West Virginia State Auditor; and Tom McNeel, State Superintendent of Schools, Petitioners, v. Honorable Robert G. CHAFIN, Special Judge, Respondent.

Supreme Court of Appeals of West Virginia.

November 23, 1988.

Attorney(s) appearing for the Case

Norman T. Farley, Coleman & Wallace, Buckhannon, for petitioners.

Silas B. Taylor, Charleston, for defendant St. Auditor and St. Tax Comm. Below.

Brentz Thompson, W.Va. Dept. of Ed., Charleston, for St. Ed. defendant Below.

Daniel F. Hedges, Charleston, for plaintiffs below.

Boyce Griffith, Hamlin, for Lincoln Co. Ed. defendant below.

Edward Rebrook III, Charleston, for plaintiff St. Treasurer Below.

MILLER, Justice:

These cases, consolidated for decision, stem from a constitutional challenge to the excess levy provisions found in W.Va. Const. art. X, § 10, which are designed to help finance the State's public schools.1 On May 11, 1982, the Kanawha County Circuit Court declared the excess levy provisions to be violative of equal protection principles. The court determined that dependence on county funds, particularly excess levies...

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