Members of a group that has long combated attempts to move the West Virginia University Institute of Technology out of Montgomery are seeking a restraining order that would stall the college's relocation to Beckley.
Filed by Dorothy Phillips and William Willis in Kanawha County Circuit Court, the motion was accompanied by a separate lawsuit that alleges West Virginia University failed to follow laws requiring its Board of Governors to implement a revitalization plan for WVU Tech created by the Legislature. They ask the court to force the board to carry out that mandate to continue offering an engineering program in Montgomery, attract new faculty and increase salaries.
The lawsuit claims moving the school from Montgomery, its statutorily mandated headquarters, is unlawful and that it was orchestrated unilaterally. Phillips and Willis say WVU did not follow through with revitalization efforts because WVU Tech's engineering program, which is highly regarded nationally, competes with the program in Morgantown. They seek an immediate hearing before the court.
Unless the move is stopped, WVU Tech will relocate in 2017. Starting this fall, first-year students will be admitted to the Beckley campus, which was purchased by WVU last year for $8 million. Sophomores, juniors and seniors, however, can choose to complete their degrees in Montgomery.
The lawsuit asks the court to stop that process and prohibit WVU from advertising its new campus in Beckley until the matter is settled.
The lawsuit alleges WVU's board refused to follow legislative mandates to revitalize the campus and ignored similar recommendations from Higher Education Policy chancellors. Because of this, efforts to relocate WVU Tech to Beckley are unlawful.
Portions of state code cited in the lawsuit could complicate the move, but Senate President Bill Cole told the Gazette-Mail in September lawmakers would be willing to clarify statute, should it become necessary.
Potentially foreseeing a legal battle over its decision to move the school, WVU officials in recent months have brokered agreements with local governments, which have agreed not to file or support relocation lawsuits in exchanged for economic trade-offs.
The Kanawha County Commission voted on Jan. 7 to sign the agreement with WVU. Fayette County commissioners signed the same agreement Wednesday.
As part of that agreement, the university has vowed to maintain WVU Tech facilities until 2025 and help fund development plans for local governments that stand to suffer economic loss from the relocation.
The lawsuit has been assigned to Kanawha Circuit Judge Duke Bloom.
Reach Samuel Speciale at sam.speciale@wvgazettemail.com, 304-348-7939 or follow @samueljspeciale on Twitter.