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Property Developers Sue the City of Morgantown

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Several long-time Morgantown property developers are suing the city over a development project on the site of the former VFW building.

The lawsuit alleges the city failed to follow it's own code, zoning, and building requirements in approving a plan to develop a new apartment complex.

Developers James Giulaini of JKL Rentals, LLC and David and Richard Biafora of Metro Properties, LLC filed the lawsuit in Monongalia County Circuit Court this week.

Campus Acquisition Holdings, LLC, submitted plans to the city to build apartments for 368 tenants on the property at the intersection of Spruce and Willey Streets.

The lawsuit claims the development doesn't meet the requirements for a "mixed use" building, and so does not meet the commercial zoning requirements for that area.

The lawsuit also alleges a development of that magnitude should require a traffic impact study, but claims none has been performed.

The developers are asking the court to stop any further approval of the project until the city agrees to follow its own codes, and order the city to repay court cost and attorney fees to the developers.

The company which plans to build the new complex is not named as a defendant in the lawsuit.

The Morgantown Planning commission tabled a decision on the development at its last meeting on May 8, and plans to take it up again at it's next meeting on June 12.

Morgantown City Manager Jeff Mikorski did not return phone calls Friday afternoon.