MORGANTOWN, W.Va. — A hearing is set for 2:30 p.m. Tuesday to launch an injunction against Morgantown City Council’s purchase of the 40-acre tract of land known as Haymaker Forest.
Council voted on first reading earlier this month to purchase the land, most of which lies outside of the city’s corporate limits, as part of a $5.2 million purchase agreement with ALP Inc.
“Several of us went for a walk in the forest to see it, and noticed that there were some bulldozed trails and that they were making core samples and that it was imminently to be developed,” said Councilwoman Jenny Selin Monday on WAJR’s Morgantown AM.
The County Assessor’s office has valued the land at just over $1.2 million, but an appraisal of the property is underway.
That appraisal doesn’t change a number of the problems with the purchase, according to attorney Jeff Ray of the Morgantown-based Bowles Rice law firm.
“The process really has gone backwards,” he said. “We’re in a position where the city has indicated it’s willingness to pay $5.2 million dollars for a piece of real estate that’s fair market value of $1.2 million, and the City has no idea how to pay that money.”
Ray spoke on WAJR’s Morgantown AM and MetroNews “Talkline” with Hoppy Kercheval Monday morning.
“Ultimately, a permanent injunction to prevent the sale — the purchase — given that the process is irreparably harmed,” he said. “It simply can’t be saved at this point.”
Ray is representing city residents Richard Vaglienti, M.D. and Judy and Michael Semier in the lawsuit, which names the City of Morgantown and six members of City Council as defendants.
The six councilors — Rachey Fetty, Mayor Bill Kawecki, Ryan Wallace, Jenny Selin, Deputy Mayor Mark Brazaitis, and Barry Lee Wendell — all voted in the affirmative to support the purchase on first reading on June 5. The lone dissenting vote, Ron Dulaney, was not named in the suit.
If a request for an injunction is not approved, the purchase could close by the end of the month — about 10 months before voters would have a chance to determine an appropriate funding mechanism. City Manager Paul Brake has suggested a levy. Ron Dulaney previously told WAJR that asking voters to approve a funding mechanism after the purchase was made did not sit well with him.
Councilwoman Selin has said the funding mechanism is sound.
“That has been outlined several different ways,” she said on Morgantown AM. “The City Manager has put forth how that is to be done. Initially, the payments that are going to be made are spelled out in the purchase agreement, and that will be followed by a bank loan. We would be making those bank payments.”
Funding ideas included re-purposing a soon-to-expire payment for the city’s Public Safety Building mixed with a five-year levy that would need to be renewed on two additional occasions.
“A local municipality such as the city of Morgantown can not spend money that it doesn’t have,” Ray said. “Council members have obviously been very public over the last week talking about ways in which the City can raise money to pay for this property. So, obviously, if the city needs another levy or needs to raise user fees or needs a new sales tax, it doesn’t have the money to pay for this property.”
Ray described the process as ‘irreparably harmed’ for a number of reasons, including the vocal support of Deputy Mayor Mark Brazaitis, who’s Courtney Avenue property sits adjacent to Haymaker Forest.
“He had a conflict of interest and should not have participated in the decision-making process, should not have voted,” Ray said. “In fact, it’s our understanding that he actually brought this opportunity to Council. That permanently taints the process.”
City Manager Paul Brake told WAJR earlier this month that an appraisal of the property would be complete before the scheduled June 19 vote.
“There’s a four million dollar delta there that the City taxpayers are going to have to eat in some way, shape, or form,” Ray said.
A video broadcast of the meeting will be live streamed on wajr.com Tuesday night.