An organization called CA Student Living intends to develop a mixed-use building project at the corner of Spruce and Willey Streets, according to a complaint filed in Monongalia Circuit Court.
The plaintiffs claim the project is in violation of the Morgantown building code and the City of Morgantown’s Comprehensive Plan as the project does not provide the requisite amount of commercial space on the ground floors of the structure and it does not include adequate and/or lawful parking.
The court must enjoin and restrain the construction of the project, according to the suit.
The plaintiffs claim Morgantown has systematically approved the project, which violates the building code and the comprehensive plan, and the city has caused the plaintiffs, and other property owners who are forced to comply with the building code and comprehensive plan, harm.
CA Student Living’s evasion of the building code and comprehensive plan will cause great and irreparable injury to the plaintiffs, according to the suit.
The plaintiffs are seeking for the court to enjoin and restrain developers from constructing the project and enjoin and restrain the City of Morgantown from further applying or failing to apply, zoning laws and planning commission acts contrary to the building code and comprehensive plan. The plaintiffs are represented by Daniel P. Taylor.
Monongalia Circuit Court case number: 16-C-436
