CHARLESTON (WVDN) — West Virginia Attorney General Patrick Morrisey was right all along: a Kanawha County circuit court had no power to issue an injunction against the Governor in connection with the State’s charter-schools law.
The West Virginia Supreme Court of Appeals on Thursday, June 8, 2023, unanimously vacated the preliminary injunction issued by the Kanawha County Circuit Court against HB 2012—which empowers the Professional Charter School Board to authorize charter schools in the state—ruling the circuit court’s decision was defective because it enjoined the wrong party.
“We have been saying it all along: the senate president, speaker of the house and governor were not the proper parties to the preliminary injunction sought by the plaintiffs,” Attorney General Morrisey said. “Because of that, the plaintiffs lack the jurisdictional standing necessary to pursue relief in court. Even so, the circuit court enjoined the governor. Our office’s efforts and the Supreme Court’s ruling ensure that the government officials are not enjoined when the statutory authority is actually assigned to other state agencies.”
The case was about whether charter schools in the state may be authorized by the Professional Charter School Board—members of which are appointed by the governor—without an additional local vote.
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