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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Mountain State Justice co-director alleges state agency failed to respond to two FOIA requests

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CHARLESTON – The co-director of nonprofit legal advocacy firm Mountain State Justice Inc. alleges a state department failed to respond to two requests for information relating to RISE West Virginia.

Bren J. Pomponio filed a complaint in Kanawha Circuit Court against the West Virginia Department of Commerce citing the West Virginia Freedom of Information Act.

The suit states that the plaintiff submitted a FOIA request to the defendant on March 19, 2018, seeking to inspect public records that describe monies received and expended by RISE West Virginia. The suit states RISE received nearly $150 million from the U.S. Department of Housing and Urban Development after the June 2016 floods to repair and reconstruct single-family homes.

The plaintiff alleges the defendant did not respond to his FOIA request within five days as required by law and did not respond to it in any manner. He alleges he resubmitted the request Nov. 8, 2018, and the defendant again failed to respond.

The plaintiff is seeking injunctive relief, the disclosure of the requested information and any further relief the court deems proper. The plaintiff is represented by Sean W. Cook of Meyer Ford & Glasser PLLC in Charleston.

The case has been assigned to Judge Tera Salango.

Kanawha Circuit Court case number 19-C-574

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