MORGANTOWN, W.Va. — Morgantown’s ban on heavy truck traffic, overturned in circuit court, could be headed to the West Virginia Supreme Court of Appeals.
The Morgantown City Council, in a 5-2 vote Tuesday night, directed the city manager to request legal counsel start the appeals process.
The council passed an ordinance in August banning trucks exceeding 26,000 pounds gross weight with three or more axles from going through the downtown business district.
When trucking companies from Harrison and Preston counties challenged the restriction, Kanawha County Circuit Court Judge Joanna Tabit declared in December that Morgantown lacked the jurisdiction to implement a ban.
Council members indicated Tuesday there is an abundance of public requests for the city to continue to find ways to re-route downtown truck traffic. Mayor Jenny Selin still views truck traffic as a safety and noise issue.
“This is the most pro-business you can possibly be to have expeditious, safe truck routes and an expeditious safe downtown where you can have conversations on the sidewalk, eat outside, have people within buildings be able to not interrupt their conference calls,” Selin told WAJR Radio News. “It’s just part of modern life that we need to make regulations.”
Morgantown city manager Jeff Mikorski said council members had 30 days after Tabit’s ruling to file an appeal. The decision was officially recorded Jan. 12.
Council members Ron Bane and Wes Nugent, while agreeing alternative routes need to be researched to alleviate downtown traffic, voted against an appeal. They cited concerns with how it might impact the council’s relationship with state lawmakers and the state Division of Highways.
Legal counsel for the highway agency previously told MetroNews that it opposed the ban, claiming that state code did not give local governments the authority to regulate state-owned roads.
Selin said an appeal poses no risk of damaged relationships.
“The person from the Division of Highways, the attorney in the case, everyone is cordial,” Selin said. “It’s argued civilly in front of a judge. Then there’s a resolution. It’s the way you solve things in the modern era.”