MORGANTOWN — Monongalia County Circuit Judge Russel Clawges denied a motion for injunctive relief by Richard Vaglienti to prevent the Morgantown City Council from taking further action towards purchasing a 40-acre plot of land known as Haymaker Forest hours before Tuesday’s council meeting.
“Good deal, bad deal, any deal; it’s their choice not the court’s,” Clawges said.
Clawges said he lives outside of the city and the vote did not affect him.
Jeffrey Ray, representing Vaglienti and the other plaintiffs, argued that the city was being fiscally irresponsible and irreparable harm would come if the contract was signed. He also argued the proceedings were tainted from the start due to Sixth Ward Council member and Deputy Mayor Mark Brazaitis’ conflict of interest. Brazaitis owns property adjacent to the forest, brought the idea to council and voted in favor of the purchase on the first reading.
Clawges said that he agreed there was probably a conflict of interest and Brazaitis probably shouldn’t have voted, but that does not nullify the other council members’ votes.
City attorney Ryan Simonton argued that the separation of powers doctrine clearly states the judicial branch shouldn’t interfere in legislative issues. He also said it was important to note that any ordinance passed at the meeting would allow the acquisition of property, not mandate it. According to the purchase agreement the city would have 48 hours after executing the agreement to pay a $250,000 deposit.
He also stated the plaintiffs have other methods of relief, a point Clawges later agreed with.
In his ruling Clawges said his biggest concern as a court was about separation of powers. He said courts do not get involved in the other contracts which the city enters into daily.
