PULLMAN SQUARE FUNDING COULD BE HELD UP IN LAWSUIT

HNN Staff


Add another name to those protesting the West Virginia's Economic Grant Committee's $70 million funding of the proposed Wheeling Outlet mall. Calling the process "preferential and noncompetitive" treatment, Attorney Larry L. Harless of Cottageville said he will file a lawsuit to stop the committee from granting any of the $200 million in bond. That $200 million affects projects statewide, including Pullman Square in Huntington, Riverfront Park in Point Pleasant, and the new Alley Cats ballpark in Downtown Charleston.

Harless said his suit will ask the West Virginia Supreme Court to "void all decisions and actions" by the nine-member panel to date. The action also seeks an "immediate halt to any further activity by the committee. "The committee 'denied other citizens, including other grant applicants and retail competitors, of the rights of equal protection under the law.'" Harless said his suit will state. Harless, is one of many voices across the state that contend the certification of that project, and the groundbreaking of the Riverfront Park in Point Pleasant before any others were considered and before the committee's administrative rules went into effect, constitutes preferential and noncompetitive treatment. One critic of the process in the past, Delegate Lisa D. Smith, R-Putnam, did not return an e-mail or a telephone call requesting comment on the proposed suit.

Harless claims the transcript of a May 2 committee meeting, where committee members approved the criteria for evaluating projects and also heard apresentation from the Wheeling Outlets developers will be a crucial piece of evidence in his suit. "If that's what he's alleging, he's clearly forgotten there's a precedent for this particular grant committee," said Alex Macia, a committee member and counsel to West Virginia Governor. Bob Wise. "I believe the law is constitutional," said. Macia. "The committee was constitutionally created and the appointment powers granted to the governor were proper in all respects."

Macia added that every committee meeting has been open to the public. Reached by telephone, West Virginia Senate Finance Chair Oshel B. Craigo, D-Putnam, declined to comment on the proposed suit.