Morgantown property owner files petition against BZA

By Kyla Asbury | Mar 24, 2016

MORGANTOWN – A Morgantown man has filed a petition against the Morgantown Board of Zoning Appeals.

James Giuliani petitioned for a writ of certiorari in regard to the administrative decision of the BZA in a previous case, in which the BZA ruled that it did not have jurisdiction to hear administrative appeals of determinations made by the Morgantown Development Services Department when the planning commission or BZA had not made a final decision on the issues or matters in question, according to a petition filed March 18 in Monongalia Circuit Court.

Giuliani filed an appeal with the board earlier this year related to the construction of The Standard at Morgantown.

As part of the appeal, Giuliani noted errors with zoning in the proposal, including the building’s height and problems with the parking proposal, according to the petition.

The BZA informed Giuliani that it did not have jurisdiction to hear appeals when the board had yet to make a final decision on a proposal.

However, Giuliani claims it did have standing as his appeal is to the factual and legal determination made by Director of Development Services Christopher Fletcher in a report to the board.

“Thus, the BZA refused to hear the merits of Mr. Giuliani’s appeal and ruled that it lacked jurisdiction to hear the appeal,” the petition states.

Giuliani is seeking the court to issue a writ of certiorari to review the determination made by BZA, to reverse the determination and to hold that the BZA has jurisdiction to hear his appeal. He is being represented by Samuel H. Simon of Houston Harbaugh PC.

Monongalia Circuit Court case number: 16-C-167

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Houston Harbaugh, P.C Monongalia Circuit Court Morgantown, Wv

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