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Kinchell, et al. v. Superintendent of Marion Co.
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 1997 Term _____________ No. 24130 _____________ DIANA KINCELL, PAULA WILEY, JOE WAITKUS AND OTHER INSTRUCTIONAL FACULTY IN MARION COUNTY, Appellants v. SUPERINTENDENT OF MARION COUNTY SCHOOLS AND THE BOARD OF EDUCATION OF MARION COUNTY, A STATUTORY CORPORATION Appellees _________________________________________________________________ Appeal from the Circuit Court of Marion County Honorable Rodney B. Merrifield, Judge Civil Action No. 95-C-75 AFFIRMED _________________________________________________________________ Submitted: October 14, 1997 Filed: December 12, 1997 James B. Zimarowski, Esq. Stephen R. Brooks, Esq. Morgantown, West Virginia Furbee, Amos, Webb & Critchfield Attorneys for the Appellants Fairmont, West Virginia Attorney for the Appellees William McGinley, Esq. General Counsel West Virginia Education Association Charleston, West Virginia The Opinion of the Court was delivered PER CURIAM. SYLLABUS BY THE COURT 1. "'The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.' Syl. Pt. 1, Daurelle v. Traders Federal Savings & Loan Association, 143 W. Va. 674, 104 S.E.2d 320 (1958)." Syl. Pt. 1, Cowie v. Roberts, 173 W. Va. 64, 312 S.E.2d 35 (1984). 2. "'The doctrine of exhaustion of administrative remedies is inapplicable where resort to available procedures would be an exercise in futility.' Syl. Pt. 1, State ex rel. Bd. of Educ. v. Casey, [176] W. Va. [733], 349 S.E.2d 436, 437 (1986)." Syl. Pt. 2, Beine v. Board of Education, 181 W. Va. 669, 383 S.E.2d 851 (1989).

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Per Curiam:See footnote 1 1 Appellants, the President and Vice-Presidents of the Marion County Education Association, appeal from the January 10, 1996, order of the Circuit Court of Marion County dismissing their action through which they initially sought injunctive relief and alternatively sought a writ of mandamus to compel the Appellee Marion County Board of Education (the "Board") to compensate its employees in connection with changes made to the 1994-95 school year calendar. Having fully examined this matter and finding no error, we affirm the decision of the lower court that it was without jurisdiction to entertain this matter as Appellants had an adequate remedy at law. On April 12, 1995, Appellants instituted a proceeding in the lower court seeking mandamus and injunctive relief to prevent the Board from using April 17, 1995, as an instructional day and alternatively, requesting compensation for working beyond their 200-day employment term. Following a hearing on April 13, 1995, the circuit court denied the extraordinary relief sought, but scheduled an evidentiary hearing to resolve the issue of Appellants' entitlement to additional compensation. The evidentiary hearing was held on July 24, 1995, and the circuit court issued its order dismissing the action with prejudice on January 10, 1996, ruling that: 1. Petitioners failed to establish that any teacher of other employee of the Respondent was required to report for work on June 9, 1995 other than those who had not completed their mandatory continuing education requirements. 2. There is no statute, regulation, or Supreme Court ruling that requires that a county board of education have a records or preparation day in its school calendar. 3. Petitioners have failed to establish that they do not have an adequate remedy at law, and, as such, a Court of equity is without jurisdiction to entertain this cause of action. Appellants seek a reversal of the circuit court's ruling. Numerous snow days during the winter of 1994-1995 required a change in the school calendar to meet the statutorily-required 178 days of instruction in each school year.See footnote 2 2 See W. Va. Code

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