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Suing the City for allowing a project that violates building code

mark handler

mark handler

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MORGANTOWN WV– The Westminster Foundation and the Harless Center are suing the City of Morgantown after they claim it has allowed a project that violates building code to continue.
http://wvrecord.com/stories/511000333-foundation-sues-morgantown-for-violating-building-code
An organization called CA Student Living intends to develop a mixed-use building project at the corner of Spruce and Willey Streets, according to a complaint filed in Monongalia Circuit Court.

The plaintiffs claim the project is in violation of the Morgantown building code and the City of Morgantown’s Comprehensive Plan as the project does not provide the requisite amount of commercial space on the ground floors of the structure and it does not include adequate and/or lawful parking.

The court must enjoin and restrain the construction of the project, according to the suit.

The plaintiffs claim Morgantown has systematically approved the project, which violates the building code and the comprehensive plan, and the city has caused the plaintiffs, and other property owners who are forced to comply with the building code and comprehensive plan, harm.

CA Student Living’s evasion of the building code and comprehensive plan will cause great and irreparable injury to the plaintiffs, according to the suit.

The plaintiffs are seeking for the court to enjoin and restrain developers from constructing the project and enjoin and restrain the City of Morgantown from further applying or failing to apply, zoning laws and planning commission acts contrary to the building code and comprehensive plan. The plaintiffs are represented by Daniel P. Taylor.

Monongalia Circuit Court case number: 16-C-436

Organizations in this Story

Monongalia Circuit Court
75 High Street
Morgantown, WV 26505
 
I'm not familiar with the WV building code but unless there is an accessible chapter with accessible parking stalls, from the information provided, the building code is not applicable. Jacked up parking is an easy enough fix.

Planning departments can and do waive rules when it suits them. That's why there is a Planning Commission comprised of astute citizens. If all you have is hard and fast rules places become stale.
 
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Be interesting to see who the "The Westminster Foundation and the Harless Center" are, mixed use requirements are usually demanded by cities to generate sales taxes, in this case the city planning commission apparently decided that students don't spend enough to warrant the mixed use requirements.
 
The Westminster Foundation is a not-for-profit organization that supports Presbyterian Campus Ministry at state colleges and universities throughout West Virginia. It serves more than 50,000 students annually, provides salaries and programming funds for campus ministries at West Virginia University, Marshall University, West Liberty University, Fairmont State University, Pierpont Community & Technical College and Shepherd University. The foundation also works with the campus ministry at Davis & Elkins College in Elkins, the state’s only Presbyterian-related school.

The mission of the Westminster Foundation of West Virginia is to provide support faith communities for college and university students on or near campuses in West Virginia, help congregations fulfill their baptismal covenant with college and university students, and give witness on campuses to the Christian faith grounded in the reformed tradition while respecting and building ecumenical and interfaith relationships.

Harless Center
Harless Center is named in honor of the late James H. “Buck” Harless who served as lead donor and honorary campaign chair during early phases of this project. Harless Center is a nonprofit ministry of First Presbyterian Church of Morgantown and the Westminster Foundation of WV housed in Central Place Apartments and responsible for leasing and providing programs for residents and WVU students. Harless Center includes common areas, a commercial kitchen, chapel, meeting rooms, administrative offices, and a large multi-purpose room for gatherings and fellowship.


Maybe they just want this project to adhere to the same standards their project had to meet
 
Without knowing the background of this project is hard to give an accurate appraisal of the lawsuit. However many times I've seen a local planning department ways specific rules when they feel it will benefit the project. Especially if these other project had applied for waiver of the same rules and were denied it seems like they may have a legitimate complaint and lawsuit. Sometimes the new project that gets the waivers sounds so good the plan department does everything it can to make it happen even though they go above and beyond what they have in the past. While I agree they shouldn't always be held to a strict standard they should make waivers based on the good of the project and the community.
 
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