The owners of McCoy 6 Apartments, LLC, which owns The Augusta on the Square and several other housing complexes in Morgantown, filed suit against several city officials Monday.
The suit, filed in United States Bankruptcy Court for the Northern District of West Virginia, names City Manager Dan Boroff, former Fire Chief Dave Fetty, City Engineer Terry Hough, three code enforcement officers and four fire marshals as defendants.
In the suit, the owners of McCoy 6 and the Augusta allege city municipal officials "have engaged in a conscience-shocking pattern and practice of harassment, intimidation, retaliation and punishment of the Defendants intended to injure them financially by depriving them of their property without just compensation or due process of law."
They cite "repetitious and excessive" Fire and Building Code inspections, "vague and arbitrary" violation citations and "harsh, unnecessary and unreasonable" orders from officials, among other things.
The plaintiffs assert they acted properly, trying to comply with the city’s demands at each of their properties.
Their claims surround demands they call "unreasonable and unprecedented" made by the city as they tried to construct The Augusta on the Square in 2007.
According to the suit, the City’s Building Code Enforcement and Fire Department "adopted and initiated an improper and unlawful pattern and practice of retaliation against the Plaintiffs that involved harassing Augusta development and project personnel," delaying completion of the apartments and increasing the cost of the development by more than $500,000.
When the Augusta was completed in a timely manner, city officials were angered and embarrassed, the owners claim, because they had publicly expressed doubts it would be completed.
Officials then "engaged in a concerted pattern and practice of harassment" by making extreme demands of McCoy 6 at its Mountaineer Court Apartments.
The property was condemned twice in 2008, though McCoy 6 maintains this was unwarranted, and ownership of the property was taken from McCoy 6, resulting in a $2 million loss.
The plaintiffs are seeking monetary compensation and relief from the city’s inspection procedures, which they believe are excessive.
"Every one of the accusations can be backed up with lots of information," but would not comment further said McCoy 6 co-owner Kris Warner.
Boroff refused comment on the matter.
19 comments
Regardless, I do believe the owners of Mccoy 6 are greedy and selfish and I would never live in one of their properties again. But, its a crappy house in Morgantown. I got what I signed up for.
Warners have been slumlords as long as I've been in Morgantown (22 years).
They are just upset that they are going to lose their TIF district as they haven't been able to convince reasonable people to finance their project within the time period allowed by their agreement.
Also, Mark Warner needs an excuse for why his business is in bankruptcy while he runs for public office.
So, think before you post.