James Michael Casey, D.V.M., M.S. v. West Virginia Board of Veterinary Medicine, 226 W. Va. 6

Summary

The Supreme Court of Appeals of West Virginia reversed a circuit court order granting James Michael Casey a writ of mandamus against the West Virginia Board of Veterinary Medicine. The court held that licensure by reciprocity was discretionary and that Casey failed to establish a clear legal right to a veterinary license or demonstrate that the Board acted arbitrarily or capriciously in requiring transmission of a National Board Examination score.

Holdings

1. Mandamus could not issue because licensure by reciprocity was committed to the Board's discretion, and Casey did not establish a clear legal right to the requested relief or a corresponding nondiscretionary duty.
2. Casey did not establish that the Board acted arbitrarily or capriciously by requiring transmission of a qualifying National Board Examination score before acting on his application.

Questions Presented

1. Whether the Kanawha County Circuit Court had authority to issue a writ of mandamus compelling the Board to act on or grant Casey's veterinary license by reciprocity.
2. Whether Casey established a clear legal right to licensure or to the requested mandamus relief.
3. Whether the Board's failure to grant Casey a license without a transmitted National Board Examination score was arbitrary or capricious.

Disposition

reversed