This Just In: Monongalia County

By Donna Kisner | Jul 13, 2007

June 5

June 5
Campus Living Property Interests and Kane Core Inc. vs. Planning Commission of Morgantown and Christopher M. Fletcher, in his capacity as Planning Director of the City of Morgantown and The City of Morgantown
PA-Robert L. Shuman; J-Russell M. Clawges
* Campus Living and Kane Corp. filed a Writ of Certiorari against the Morgantown Planning Commission and Christopher Fletcher, the city's Planning Director claiming they arbitrarily and wrongly denied Campus Living's and Kane Corps site plan for a 12-story student housing facility in Morgantown. They also assert the site plan was approved with suggestions of only minor changes by the Morgantown Design Review Committee and recommended approval of the plan by the Planning Department. Campus Living and Kane Core modified their original site plan from a 19-story to a 12-story building. Other changes were made, but not limited to, the total square footage and number of housing units in the proposed building. They claim such changes did not constitute a "material deviation" from the original plan and, as such, were not subject again to review. They also claim the building would strengthen the economy of downtown. Campus Living and Kane Core allege The Morgantown Planning Commission, their Planning Director and The City of Morgantown denied their modified plan without explanation. They seek a reversal of the Planning Commission's denial, as well as a new two-year expiration deadline for the modified site plan application and an injunction tolling or extending the deadline applied to the original site plan while the appeal is pending.
Case number: 07-C-361

June 29
Jeffrey S. Carpenter and Renee Carpenter v. Gregory J. Hadjis, Individually, Alcon Planning and Consulting, A Division of J.F. Allen Company, A West Virginia Company, Alcon, LLC, A West Virginia Company, David H. Walker, Individually and as a member or mananger of Pronto Construction, LLC., a West Virginia Company
PA-John C. Scotchel Jr.; J-N/A
* Gregory Hadjis, Alcon Planning and Consulting, Alcon and David H. Walker of Mgr. of Pronto Construction were hired by Jeffrey and Renee Carpenter to construct a Carriage House/Garage and retaining wall on their property in Greystone on the Cheat. In late August 2006, the Carpenter's learned that Gregory Hajdis, Alcon Planning and Consulting did not properly perform with work that was agreed to by the parties. Said work was in violation of the covenants of Greystone on the Cheat.

July 2
Melissa Eakle Leasure aka Melissa S. Eakle v. Christopher L. Pitt and Ann R. Dehaan
PA-pro se; J-Robert B. Stone
* While driving north on University Avenue in Morgantown, Leasure's car was struck by a vehicle driven by Christopher Pitt. Ann Dehann owned his vehicle. Leasure claims that Dehaan, as owner of the vehicle, negligently entrusted Pitt with possession and operation of her vehicle. Leasure is seeking $13,000 in compensatory damages, pain and suffering, interest, costs and legal fees
Case number: 07-C-421

July 5
Bobbie M. Fowler v. Angeline M. Palone
PA-Daniel Fowler; J-Russell M. Clawges
* In July 2005, Bobbie Fowler was driving her 1998 Subaru Legacy on I-79 near the Chaplan Road exit. Driving south on I-79 near the same exit, Angeline Palone struck Fowler's vehicle in the rear with her 1997 Honda Civic. Fowler maintains that Palone was traveling at a speed that was too fast for weather and road conditions. Fowler has incurred over $5,000 in medical expenses for injuries sustained to her neck, head, shoulders, back, hips and legs. She is seeking compensatory damages, attorney fees, and future medical expenses.
Case number: 07-C-432

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