Judge Requests Recusal
Morgantown Dominion Post
8 July 2011
By Brandy Brubaker
The judge assigned to hear Northeast Natural Energy’s case against the
City of Morgantown has asked to be recused.
Monongalia County Circuit Judge Phil Gaujot said this week in a letter
for removal that he and his wife are close friends with former
Morgantown Mayor Bill Byrne and his wife as well as Ben and Jo Statler.
“Having recently learned of my assignment to the above-entitled action,
and having considered the relationships I share with interested parties
to this litigation, I am convinced that it would be improper for me to
preside over this case,” Gaujot wrote in the letter. “ ... While Mayor
Byrne is clearly an interested party to the action, it is my
understanding that the Statlers may have an interest in the outcome of
the litigation due to their relationship with one of the plaintiffs
and/or its principals.”
West Virginia Trial Court Rules state that requests for recusal filed
prior to a party to the case requesting disqualification can be
reassigned within a multi-judge circuit without involvement of the
state Supreme Court of Appeals.
As a result, Gaujot forwarded his request for recusal to Monongalia
County Chief Judge Russell Clawges. Gaujot, Clawges and Judge Susan
Tucker represent Monongalia County as circuit judges.
A representative of Clawges’ office said Thursday afternoon that they
had not yet received a copy of the recusal request. The Dominion Post
obtained the paperwork Thursday from the court file.
Last month, Morgantown city council approved a law that bans horizontal
drilling and fracking within city limits and within one mile of the
city, which includes work being done by Northeast Natural Energy at
Morgantown Industrial Park. That park is across the Monongahela River
from Morgantown.
Northeast Natural Energy promptly filed a civil lawsuit against the
city, seeking a preliminary injunction to stop the city from enforcing
its new law. Land and mineral owner Enrout Properties LLC joined
Northeast’s lawsuit. A hearing date has yet to be scheduled, according
to court records.