Published: February 05, 2008 10:45 pm      

Man sues town of Smithers over alleged FOIA rebuffs

FAYETTEVILLE — A Smithers man has filed suit in Fayette County Circuit Court over what his attorney claims are failures by the city to abide by the Freedom of Information Act regarding the planned condemnation of the man’s house.

Daniel Fragale, the plaintiff, is being represented by Charleston lawyer Michael T. Clifford.

According to Clifford’s complaint, Smithers Mayor Thomas E. Skaggs sent a letter to Fragale last Sept. 20 stating that the house Fragale owns at 7 Laird St. “has been condemned and deemed unfit for human habitation ... upon the recommendation of the Fayette County Health Department. This means no one is allowed in the residence ...”

Subsequently, on Nov. 1, Fragale is said to have requested in writing that the city provide certain items under the West Virginia Open Records Law. Clifford alleges the city failed to respond to the request, despite being given ample time to do so.

“The interest of the plaintiff in this information outweighs any arguments for non-disclosure; moreover, the information requested is public information,” Clifford continued.

“The actions of the defendant in barring access of the plaintiff to his residence without due process of law has caused great annoyance and inconvenience, lost of rental income, loss of ability to sell said property, and has caused damages which will be related upon the trial of this case.”

The suit requests a jury trial and beseeches the court to order Smithers to supply Fragale with the records he is seeking. Clifford also wants the city to cease in its barring of Fragale from his property. Any potential damages will be determined by a jury, the attorney noted.

— E-mail:

mhill@register-herald.com