Database Search Result Details
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First Name
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FRANK
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Last Name
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ANDERSON
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Decision Date
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5/12/1989
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Docket Number
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55-88-216
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ALJ
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JW
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Respondent
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WYOMING COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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SELECTION
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Primary Issues
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Qualifications
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Outcome
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GRANTED
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Statutes
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18A-4-8B(a)
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Related Cases
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275 S.E.2D 911 (W.VA. 1980); 216 S.E.2D 554
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Keywords
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ARBITRARY; CAPRICIOUS
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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GRIEVANT EMPLOYED AS A LANGUAGE ARTS TEACHER AND ALLEGES A VIOLATION OF W.VA. CODE, 18A-4-8B(a) WHEN HE WAS NOT SELECTED TO FILL A TEACHING POSITION AND ASSERTS HE WAS THE MOST QUALIFIED APPLICANT. DECISION: W.VA. CODE 18A-4-8B(a) PROVIDES THAT DECISIONS OF A COUNTY BOARD OF EDUCATION AFFECTING THE FILLING OF VACANT TEACHING POSITIONS MUST BE BASED PRIMARILY UPON THE APPLICANT'S QUALIFICATIONS FOR THE JOB. GRANTED; GRIEVANT HAS PROVEN THAT HE WAS THE MOST QUALIFIED APPLICANT AND THAT THE BOARD ACTED IN AN ARBITRARY FASHION IN FILLING THE POSITION.
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