FAIRMONT — The discussion of a lawsuit between Marion County Commission President Alan Parks and Burley “Butch” Tennant Jr., his opponent in the November general election, spilled over into Wednesday’s regular commission meeting.
Parks recently filed a petition with the West Virginia Supreme Court asking that Tennant’s name be removed from the county’s Nov. 4 ballot.
Parks stated in his petition that Tennant should not be allowed to run for the seat because at the time of the primary election he was not a resident of the Middletown magisterial district, the open seat on the commission.
Belinda Biafore, chair of the Marion County Democratic Committee, attended the meeting to present commissioners with a Freedom of Information Act request.
Biafore asked the county to provide her with copies of original invoices totaling nearly $3,000 from Rose Padden & Petty for work the law firm completed earlier this year to investigate Tennant’s residency on behalf of the commission.
The law firm is also representing Parks in his personal petition against Tennant, Marion County Clerk Janice Cosco and the two ballot commissions, JoAnn Williams and David DeMoss.
Among other items, Biafore also asked for the “lengthy and detailed” letter to the commissioners, which cites legal opinions and case law concerning the residency issue.
Commissioner Wayne Stutler informed Biafore that she must request the information from Cosco, in her capacity of the county clerk as keeper of county records.
However, Cosco said that she did not have the letter sent to the commissioners, and that it should be on file in the commission’s office. She added that she did have copies of the invoices, but they were not original copies and some information had been blacked out.
“We’ll be seeking legal advice now,” Biafore said after the meeting, pointing out that a lawsuit may be forthcoming.
Cosco said that the copies of the invoices in her office should not have been altered and should be original. She added that in the 27 years she has served as county clerk, she has never received a redacted copy of records from the commission.
Cosco also addressed the issue pertaining to the wording on the primary election ballot. Tennant ran against six other candidates during May’s primary election. On the ballot, Tennant was listed as living in the Palatine district. All other candidates were listed as living in the Middletown district.
Cosco said she interprets the West Virginia state code to say a candidate can run for a seat in a magisterial district as long as they live in that district before the general election. However, she points out that since Tennant lived in the Palatine district at the time he registered to run, that district was listed on the ballot.
“It would have been dishonest if we put Middletown on the ballot,” Cosco said.
The two earlier Supreme Court cases that seem to contradict each other on the residency issue are Burkhart v. Sine (1997) and Johnson v. Sandy (2002).
In the Burkhart case, the court ruled a candidate must meet residential requirements on the day he is elected, which is the general election day. In the Johnson case, the court ruled that a candidate must be a resident of the appropriate district on the day he is nominated by the party, which is the primary election day.
Tennant, a Democrat, owned a home in the Palatine District through July of this year. His home was purchased by developers of the Volcano Island Resort and Waterpark, and this summer he purchased a home on Sylvan Avenue within the Middletown District, where he now resides.
The makeup of the commission requires one commissioner from each of the county’s three magisterial districts — Palatine, Middletown and West Augusta. The open seat represents the Middletown District, which is currently represented by Parks.
E-mail Paul Fallon at pfallon@timeswv.com.
Local News
Lawsuit spills into commission meeting
Copies of original invoices for law firm’s work investigating residency of Tennant being sought
- Local News
-
-
Pepperoni roll prize
To someone from out of state, the pepperoni roll might seem like a mystery.
“Is it like a calzone?” they might ask, “or a stromboli?”
Unique to the state of West Virginia, the pepperoni roll represents the Italian heritage of many of the miners in the early 20th century mixed with hardworking Mountaineer common sense. -
BOE seeks land for new middle schools
The Marion County Board of Education is looking at land to build new middle schools in Mannington and Monongah.
If all goes as planned, county voters will see a bond on the November ballot. -
Former WVU coach takes final journey home
Bill Stewart has made his way back home.
The former West Virginia University football coach, who died suddenly earlier this week of a heart attack at 59, was laid to rest Friday in his hometown of New Martinsville. -
Bickerstaff ready to make mark as Woman’s Club president
One look at a facility can show Nancy Bickerstaff a lot.
Attention to detail has always been her strong point, and when she first walked into the Woman’s Club mansion more than four years ago, she immediately knew what the priorities should be. -
Funeral today for former WVU football coach Bill Stewart
Former West Virginia University football coach Bill Stewart is heading home to New Martinsville for the last time.
-
Tears and memories: VIDEO
It was mid-Thursday afternoon at the Morgantown Event Center and the crowd stood mostly silently in line that wound out of the Events Hall and into the hallway toward the staircase.
A young lady was there holding a singular golden rose
“I wish,” Rebecca Durst said, “it could be gold and blue.” -
‘Dangerous fugitive’ is apprehended
Two more targets of “Operation Blue Haze” were apprehended by U.S. Marshals and local police Thursday.
Bryan Keith Egress, 28, described by United States Marshals as a “dangerous fugitive,” was arrested around midnight Thursday at 1410 Miller St., Fairmont, the residence of his girlfriend. -
Excitement marks Three Rivers Festival
It was 5:55 p.m. Thursday on Merchant Street. Kids ran up and down the sidewalks, as their older siblings strolled along the side of the street. Waiting.
There was a certain energy in the air. An expectation. -
Spring paving under way
Some folks in the Friendly City are seeing a fresh coat of asphalt go down on the street in front of their homes.
City Manager Jay Rogers said Fairmont’s spring paving project will resurface two blocks of Gaston, Virginia and Minor avenues, as well as Moore Place from 12th Street to 14th Street. -
Fairmont Catholic’s Arts Festival popular event
Students at Fairmont Catholic were not lined up in their respective rows or seats on Thursday morning.
Some were dancing in a classroom, attempting to follow the lead of Shawna Gerau-Santee, owner of the Fifth Street Dance Co. - More Local News Headlines
-
