MON BOE Chose to Continue the Legal Battle. Now We Need Community Support to Help Fund the Appeal Process.
In 2024, MON BOE sought a declaratory judgment and condemnation through eminent domain for the Suncrest Primary Property. After a December 2025 hearing, Judge Cindy Scott found the Board acted in bad faith regarding donated land with clear deed restrictions and appointed the City of Morgantown as trustees instead.
Despite that ruling, the Board voted 3–2 on January 13, 2026 to continue appealing the case using taxpayer dollars. Mike Kelly, Jennifer Hagerty, and Shawn Smith voted to continue the fight, while Dan Berry and Christina Fattore Morgan opposed it.
Instead of respecting donor intent, public funds are being used to fight the very community they serve. That is not stewardship, it’s a misuse of trust.
LINK to view both MON BOE APPEAL and Judge Scott's ruling: https://drive.google.com/file/d/1WQIHAfy7nEmZJlrkgyQwEUNEyBeMECvB/view?usp=sharing