Monday, March 10, 2003

Were $215 million in development grants unconstitutionally awarded? That will be the question on the table tomorrow at 2:00 pm when the Court hears oral argument in SER WV Citizen Action Group v. WV Economic Development Grant Committee, et al., No. 31125. The case concerns the procedures used to appoint a state committee and allocate $215 million in economic development grants for projects like a new baseball park for the Charleston Alley Cats and a new Victorian Mall development for downtown Wheeling. The Court previously granted the petition for appeal filed by the West Virginia Citizen Action Group, expedited the matter for consideration, and ruled on pending motions to intervene and/or participate in oral argument. All briefs and orders filed in the case are available at this link. This oral argument should prove interesting, with participation by two amicus curiae and one intervenor. The entire proceedings will be webcast. The lineup at oral argument will be: Larry Harless will argue on behalf of the petitioners, West Virginia Citizen Action Group Robert Bastress, a constitutional law professor at the WVU College of Law, will argue on behalf of the American Civil Liberties Union, an amicus curiae in support of the petitioners Kathy Schultz, Senior Deputy Attorney General, will argue on behalf of the WV Economic Development Grant Committee Richard Gottlieb will argue on behalf of the intervenor, the Kanawha County Commission Rosemary Humway-Warmuth will argue on behalf of the City of Wheeling, as amicus curiae in support of the respondents. (Wheeling was previously dismissed as a party by the lower court.) 2:13:40 PM