MORGANTOWN, W.Va. — A temporary injunction has been denied in Monongalia County in an effort to halt the controversial purchase of the Haymaker Forest.
Morgantown City Council is set to vote on second reading Tuesday night on a $5.2 million purchase agreement for land that was assessed by the Monongalia County Assessor at $1.2 million and by a private appraiser at $2.5 million.
A lawsuit filed last week to halt the purchase was filed by three local landowners, who argued that the purchase — which didn’t have a clear funding mechanism — violated state code.
Judge Russell Clawges ruled that it was not up to the court, citing separation of powers, to determine how duly elected office-holders spend money.
“The biggest concern that I have sitting as a Court is concerned raise by the City with regard to Separation of Powers and the legislative function that is exercised by the City Council,” he said.
“Our delegated legislators, be it City Council, legislators in Charleston, and those in Washington, seem to be want to spent the taxpayers dollars. Often times, the taxpayers think that they are wasting our dollars as opposed to spending them well.”
Clawges, who does not live in the city, said the Court had no opinion on how the money was being spent — or whether or not spending double the appraised value of the land was “good business.”
“I do have some concerns with the court being involved in what is one sense part of city government and part of the responsibility of city government to enter into contracts, financial obligations,” he said.
He said the plaintiff’s argument centered around whether or not the deal was “good” for the City, but said the Court wouldn’t take an opinion on business practice.
“It may or may not be, but I don’t think that’s an issue for the courts,” Clawges said.
Clawges did not address a motion by the City to dismiss the lawsuit, which was filed last week.
Commenting on the vote by Deputy Mayor Mark Brazaitis, who owns property that borders the Haymaker Forest, Clawges suggested Brazaitis should not have participated in the process. However, Clawges said his vote didn’t negate the votes of five other members of Council.
City Council will vote on second reading of the ordinance during their Tuesday night meeting, beginning at 7 p.m. The video stream of the meeting can be seen at wajr.com.