Stevens v. Buchanan County School Board

Buchanan County Circuit Court

Stevens v. Buchanan County School Board

10 Va. Cir. 259, 1987 Va. Cir. LEXIS 124

CourtBuchanan County Circuit Court

DecidedNovember 20, 1987

DocketCase No. (Law) 355-87

StatusPublished

This text of 10 Va. Cir. 259 (Stevens v. Buchanan County School Board) is published on Counsel Stack Legal Research, covering Buchanan County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stevens v. Buchanan County School Board, 10 Va. Cir. 259, 1987 Va. Cir. LEXIS 124 (Va. Super. Ct. 1987).

Pincite

Opinion

By JUDGE NICHOLAS E. PERSIN

Upon a review of the evidence and briefs in support of [the parties’] respective positions, the Court is of the opinion that the Writ of Mandamus should be denied. Clearly, there is no ministerial duty on the part of the Respondents to perform the acts requested by the Petitioners. The uncontradicted evidence reveals that the practice of combining classes of different grades is not confined solely to the students involved in this case. Such decisions, in the Court’s opinion, are the result of discretionary action that must be taken by the Respondents to resolve peculiar circumstances that arise within the school system. Mandamus is not a remedy for the Petitioners under the facts of this case.

The Court further finds that the Petitioners’ constitutional rights were not violated under the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, and Article I, Section 11, of the Virginia Constitution. The students in this case do not fall within the "suspect" classification that would warrant the application of the strict scrutiny doctrine by the Court. Since they fall into the "non-suspect" class, courts must defer to school boards whose differential treatment does not deprive students of fundamental rights.

The request by the Respondents for sanctions and attorney’s fees is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

By JUDGE NICHOLAS E. PERSIN

Upon a review of the evidence and briefs in support of [the parties’] respective positions, the Court is of the opinion that the Writ of Mandamus should be denied. Clearly, there is no ministerial duty on the part of the Respondents to perform the acts requested by the Petitioners. The uncontradicted evidence reveals that the practice of combining classes of different grades is not confined solely to the students involved in this case. Such decisions, in the Court’s opinion, are the result of discretionary action that must be taken by the Respondents to resolve peculiar circumstances that arise within the school system. Mandamus is not a remedy for the Petitioners under the facts of this case.

The Court further finds that the Petitioners’ constitutional rights were not violated under the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, and Article I, Section 11, of the Virginia Constitution. The students in this case do not fall within the "suspect" classification that would warrant the application of the strict scrutiny doctrine by the Court. Since they fall into the "non-suspect" class, courts must defer to school boards whose differential treatment does not deprive students of fundamental rights.

The request by the Respondents for sanctions and attorney’s fees is denied.

Cite This Page — Counsel Stack

Bluebook (online)

10 Va. Cir. 259, 1987 Va. Cir. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-buchanan-county-school-board-vaccbuchanan-1987.