West Virginia Record

May 21
Five Star Holdings Inc. v. The City of Morgantown and the Morgantown Planning Commission
PA-J. Bryan Edwards; J-NA
* Five Star Holdings has requested a writ of certiorari to the City of Morgantown Planning Commission requiring them to approve a site plan for their City Garden's project. Their original site plan, approved by the Planning Commission, showed a building containing 32 one-bedroom units. Five Star Holdings then dropped off revised set of plans for the same building for 24 two-bedroom units and 8 one-bedroom units. Five Star Holdings applied for and received a building permit for that building and began construction. A week later they received correspondence from the City Manager stating the building was larger than the plans originally submitted and, therefore, the plans would have had to be resubmitted to the Planning Commission for approval, even though a building permit had been issued. During their May 15, 2008, meeting, the Planning Commission failed to approve the revised building plans. Five Star Holding, Inc., claims the Planning Commission had no legal or factual basis to not approve the plans for this phase of City Garden's development.
Case number: 08-C-35