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Copley v. Mingo County Board of Ed.
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1995 Term ____________ No. 22877 ____________ JOHN MARK COPLEY, Plaintiff Below, Appellant, v. MINGO COUNTY BOARD OF EDUCATION; EDWARD KEITH, PRESIDENT; TED WARDEN, JUNE GLOVER, LOSSIE MAHONE, TOM BREWER, MEMBERS; EVERETT CONN, SUPERINTENDENT OF SCHOOLS, Defendants Below, Appellees. _______________________________________________ Appeal from the Circuit Court of Mingo County Honorable Elliot Maynard Circuit Judge Civil Action No. 94-C-40 AFFIRMED IN PART; REVERSED IN PART; And REMANDED WITH INSTRUCTIONS _______________________________________________ Submitted: September 27, 1995 Filed: December 8, 1995 Jane Moran Williamson, West Virginia Attorney for the Appellant Joanna I. Tabit Jan L. Fox Steptoe & Johnson Charleston, West Virginia Attorneys for the Appellees JUSTICE WORKMAN delivered the Opinion of the Court. SYLLABUS BY THE COURT 1. Appellate review of a circuit court's order granting a motion for judgment on the pleadings is de novo. 2. A motion for judgment on the pleadings presents a challenge to the legal effect of given facts rather than on proof
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of the facts themselves. In this respect it is essentially a delayed motion to dismiss. The West Virginia Rules of Civil Procedure approach the motion essentially as a motion to dismiss for failure to state a claim in that the motion will not be granted except when it is apparent that the deficiency could not be cured by an amendment. 3. A circuit court, viewing all the facts in a light most favorable to the nonmoving party, may grant a motion for judgment on the pleadings only if it appears beyond doubt that the nonmoving party can prove no set of facts in support of his or her claim or defense. 4. A board of education that in good faith hires an employee is not subject to civil action for damages for breach of contract by that employee when it is thereafter determined as a result of the grievance process established by West Virginia Code

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