MORGANTOWN, W.Va. — The cost for defense counsel in the lawsuit filed by a local developer against a member of Morgantown City Council will be paid for by the city’s insurance carrier.
Metro Properties developer David Biafora filed the lawsuit in Monongalia County Circuit Court seeking $1.25 million in damages, where he claims that Brian Butcher intentionally made defamatory and slanderous statements motivated by “his anti-capitalist desire to wreck the reputation of the plaintiff and to otherwise cause others not to associate with the plaintiff in any real estate ventures within Monongalia County specifically.”
“The city’s insurance carrier determined that the complaint required it to provide a defense to councilor Butcher, and it has retained counsel to defend the suit,” Morgantown director of communications said in a statement to WAJR.
In the lawsuit, Biafora claims that Butcher published and communicated accusations via text message to fellow Morgantown-based developer and business acquaintance James Giuliani in June that claimed that the main developer of the planned East End Village just north of downtown Morgantown was a “violent crook” and “federal criminal” who “threatened to kill him and his family.”
In his initial response through Charleston attorney David M. Adkins, Butcher admitted to sending messages to Giuliani but denied making “any defamatory or slanderous statements to individuals located within Monongalia County.” This included a separate denial of saying anything defamatory against the North Central West Virginia Business Association. He said he did not make “purposefully defamatory and slanderous statements and/or anti-capitalist desire to wreck the reputation of Biafora and to otherwise cause others not to associate with him.” Butcher also asserted seven affirmative defenses, including the “complaint failing to state a claim where relief can be granted.”
The lawsuit included eight separate allegations of either “lies and slanderous and defamatory statements” that were made during the message chain, which included claims made by Butcher that stated that business associates of Biafora were “violent crooks” and that Biafora himself is a “violent psychopath.” The suit mentioned Biafora’s son Alex, his brother Richard A. Biafora, and two nephews, Joseph and Richard A. Biafora Jr., as well as the North Central West Virginia Business Association, which joined the suit as an interested third party.
Butcher, who this week announced he’ll resign from city council later this year, has requested a jury trial with a formal plea to dismiss the suit with prejudice, including recovering costs, expenses of the suit, and reasonable attorney’s fees necessary in defending the lawsuit.
The City of Morgantown is not named in the lawsuit.