State ex rel. Stewart v. Alsop

In State ex rel. Stewart v. Alsop, 207 W. Va. 430, 533 S.E.2d 362 (2000), the Court granted a writ of mandamus to prevent a circuit court from joining the state superintendent of schools in an action against a county board of education on an employment issue. The Court observed in Alsop that although W. Va. Code 29A-5-4 governs only appeals from administrative decisions, the statute does not preclude a party from seeking relief from an administrative decision through an extraordinary writ. It is specifically provided under W. Va. Code 29A-5-4(a) that "nothing in this chapter shall be deemed to prevent other means of review, redress or relief provided by law." When a party seeks to challenge an administrative decision through an extraordinary writ, he/she does so under the authority of the statutes permitting such writs. Id. at 433 n. 4, 533 S.E.2d at 365 n. 4.