By Steven Allen Adams, The Intelligencer
CHARLESTON, W.Va. — More than seven months after the matter was settled, an attorney and former lawmaker alleges that Gov. Jim Justice is still not abiding by the West Virginia Constitution by residing in Charleston.
Pendleton County attorney Isaac Sponaugle, a former Democratic member of the House of Delegates and candidate for Attorney General, sent Justice a letter Wednesday announcing his intent to file a lawsuit in 30 days against the governor. State law requires a 30-day notice before filing suit against the state.
According to a dismissal order issued March 1 in Kanawha County Court, Justice agreed to “reside” in Charleston as defined by an opinion issued by the West Virginia Supreme Court of Appeals last November. Justice also agreed to pay $65,000 in Sponaugle’s legal fees to settle the case.
The state Constitution requires the governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general to reside at the seat of government in Charleston.
“You agreed to resolve the constitutional residency requirement earlier this year,” Sponaugle wrote. “From numerous and consistent news reports, since we entered into the agreement, you have disregarded the agreement. You can bring your actions within conformity of the agreement within the next 30 days, or we will go back to court to resolve this matter.” …