MORGANTOWN, W.Va. — The West Virginia Supreme Court will take up Morgantown’s truck ban Tuesday when it convenes at the WVU College of Law.
Morgantown City Council approved an ordinance in 2014 that prohibited “heavy trucks” from travelling through the downtown area of Morgantown along State Route 7, despite opposition from the state Department of Highways. The ban identified heavy trucks as those exceeding 26,000 pounds gross weight with three or more axles.
Lawsuits quickly followed, filed by Nuzum Trucking Co., Greer Industries and Preston Contractors Inc., challenging the city’s jurisdiction regulate traffic on a state road.
In a hearing in December 2014, a Kanawha County Circourt judge struck down on the municipal ban, declaring the ban unenforceable. City Council voted to appeal the decision on a 5-2 vote in February 2015.
Attorney and law professor Bob Bastress is representing the city in this case and will argume three main points on Tuesday:
State code expressly authorizes the city to regulate the weight of trucks and truck traffic on state routes within the city.
The circuit court applied an unduly narrow and erroneous standard of the scope of municipal power
The circuit court erroneously concluded that municipal regulation of truck traffic on state roads within cities would cause undue disruption.
In their response, attorneys for the trucking companies say the state code is clear and the court does not need to spend countless hours on a decision.
“Under any reasonable interpretation of the West Virginia Constitution and Code, the City of Morgantown cannot regulate West Virginia State Route 7 and impose weight limitations upon this state road.”
The high court typically spends one day each year in Morgantown.