Kanawha County Pub. Library Bd. v. Bd. of Educ. of County of Kanawha

The underlying litigation in this case involved the Legislature's enactment of "Special Acts" for nine county boards of education requiring them to divert a portion of their regular levy receipts in support of their local libraries. The Kanawha County Board of Education (BOE) originally brought suit in circuit court, alleging that one such Act's requirement that the BOE contribute to the funding of the Kanawha County Public Library violated equal protection. The Supreme Court agreed and found the statute unconstitutional. In response, the Legislature amended the statute. The County BOE then filed the instant action, arguing that the statute as amended violated equal protection. The circuit court invalidated as unconstitutional the Special Act to the extent it required the BOE to divert a portion of its regular levy receipts in support of the Library or transfer the funding obligation to its excess levy, and enjoined the Library and the West Virginia BOE from enforcing the Special Act as it pertained to the County BOE's library funding obligation. The Supreme Court affirmed, holding that the Act, to the extent it obligated the County BOE to divert a portion of its regular or excess levy receipts to the Library, was unconstitutional and unenforceable. View "Kanawha County Pub. Library Bd. v. Bd. of Educ. of County of Kanawha" on Justia Law