Sue Cahill, Carolyn Donchatz and Sue Sommer, Petitioners Below, Appellees v. Mercer County Board of Education…

Summary

The West Virginia Supreme Court reversed a circuit court order that, on remand, had again reversed an ALJ's decision upholding a county board of education's hiring decisions. The circuit court had disregarded the reevaluation committee's results and substituted its own 'objective, measurable criteria' for assessing applicant qualifications, in violation of the court's prior mandate in Cahill I and established standards of administrative review. The court held the circuit court exceeded the limited scope of review under W. Va. Code § 18-29-7 by substituting its judgment for the ALJ's on factual/qualification matters, and remanded with directions to affirm the Board's hiring decisions. Justice McGraw dissented.