West Virginia Court of Claims, 1992

Brunetti v. Department of Education

Brunetti v. Department of Education
West Virginia Court of Claims · Decided January 17, 1992
19 Ct. Cl. 51

Counsel

Claimant represents self., John E. Shank, Deputy Attorney General, for respondent.

Brunetti v. Department of Education

Opinion of the Court

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer.

Claimant seeks reimbursement in the amount of $248.00 for tuition for a class taken for certification.

*52Respondent, in its Answer, admits the validity of the claim, but states that there were insufficient funds in its appropriation for the fiscal year in question from which to pay the claim.

While the Court believes that this is a claim which in equity and good conscience should be paid, the Court further believes that it cannot be paid based upon the decision in Airkem, Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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