HUNTINGTON, W.Va. — The state Supreme Court has released its full decision on a case involving the Cabell County Board of Education’s school excess levy.
The High Court ruled last month that the school board can stop funding the Cabell County Public Library Great Huntington Park and Recreation District under the five-year levy.
The BOE then met with library and parks representatives to reach a compromise and voted earlier this month to supply them with partial funding in the total amount of $1.5 million. The original proposal would’ve removed about $2 million.
In the court’s full opinion released Monday, justices concluded that although the BOE was and is required to make annual payments in the amounts specified on the excess levy ballot to library and parks for fiscal years 2021-2025, it was not required to make equalization payments for fiscal year 2024 and is not required to make such payments for fiscal year 2025.
“Upon careful review of the parties’ briefs and oral arguments, the appendix record, and the relevant law, we reverse the judgment of the circuit court and remand for that court to enter an order dismissing the respondents’ Verified Petition for a Writ of Mandamus, Declaratory Relief, and Injunctive Relief,” the opinion stated.
MORE Read State Supreme Court opinion
A Cabell County Circuit Court judge ruled in favor of libraries and parks in Dec. 2023 after the two parties filed a lawsuit against the school board. The lawsuit came after the BOE in Aug. 2023 voted to slash the funding. The BOE appealed the lower court’s decision to the state Supreme Court who reversed it.
The levy has provided funding to the library since 1967 and parks since 1983.
Voters will take up the levy on the May ballot.