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BLAIR v. BRUNETT

No. 22-0070.

889 S.E.2d 68 (2023)

Craig BLAIR, President of the West Virginia Senate, Roger Hanshaw, Speaker of the West Virginia House of Delegates, and James C. Justice, II, Governor of the State of West Virginia, Petitioners v. Sam BRUNETT, and Robert McCloud, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 8, 2023.

Attorney(s) appearing for the Case

Joshua E. Weishart, Esq. , Morgantown, West Virginia, Bren J. Pomponio, Esq. , Mountain State Justice, Inc., Charleston, West Virginia, Lydia C. Milnes, Esq. , Mountain State Justice, Inc., Morgantown, West Virginia, Jeffrey G. Blaydes, Esq. , Blaydes Law, PLLC, Charleston, West Virginia, Counsel for Respondents.

Patrick Morrisey, Esq. , Attorney General, Lindsay S. See, Esq. , Solicitor General, Michael R. Williams, Esq. , Senior Deputy Solicitor General, Sean M. Whelan, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Petitioners.

Gordon L. Mowen, II, Esq. , Zachary A. Viglianco, Esq. , Ryan A. Nash, Esq. , Orndorff Mowen PLLC, Scott Depot, West Virginia, Counsel for Amicus Curiae, National Coalition for Public School Options.

J. Zak Ritchie, Esq. , Andrew C. Robey, Esq. , Hissam Forman Donovan Ritchie PLLC, Charleston, West Virginia, Counsel for Amicus Curiae, Mountain State Learning Solutions, Inc.

In 2021, the Legislature passed House Bill 2012 ("HB 2012") which created the West Virginia Professional Charter School Board ("PCSB"). The PCSB is tasked with authorizing and approving public charter schools.1 Respondents Sam Brunett and Robert McCloud ("Respondents") filed a lawsuit in the Circuit...

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