Conflicting Decisions in City-Involved Lawsuits Leave Council Members Pondering Next Legal Maneuvers
By Jeff Toquinto on April 14, 2026
What Bridgeport will do next to settle ongoing lawsuits regarding a 2023 amendment to the State Tax Increment Financing Act was not answered during a 6 p.m. special meeting of Bridgeport City Council Monday evening.
What is known is that the answers lie in the future. That timeline, however, is unknown.
During the special meeting called primarily because of the lawsuits that preceded the 7 p.m. regular session, members of Council met in executive session for more than half an hour. The special meeting and executive session came because of the aforementioned /Council%202026/Council%204-13-26%20Matheny%20Aschom.jpg)
amendment that set the stage for 15-year extensions of TIF districts that were in place before 2020 (those impacted by COVID).
amendment that set the stage for 15-year extensions of TIF districts that were in place before 2020 (those impacted by COVID).
Charles Pointe was granted an extension through the state in 2024 through the law, which did not include approval for any local municipality it would impact. Although Bridgeport talked about legal action, it did not pursue that course until after officials with Genesis Partners, the developers of Charles Pointe, sued in federal court. Bridgeport countersued the State Department of Economic Development in Kanawha County District Court to stop the extension.
The results of the lawsuits are in. And the summary judgement in the federal case overseen by Northern West Virginia Chief U.S. District Judge Thomas S. Kleeh is in the favor of Charles Pointe. The state case saw summary judgement, handed down by Judge Richard David Lindsay II of the Eighth Judicial Circuit (Kanawha County), in favor of the City of Bridgeport.
“I wouldn’t say I’m frustrated, but I’m confused,” said Mayor Robert G. Matheny. “… I’m not a legal mind so we needed to get it explained to us a little more in-depth by legal counsel. However, we’re still not aware of where we need to be and where we go next.”
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Matheny said the next step will involve City Attorney John Ashcom and Interim City Manager Joe Shuttleworth meeting with Timothy Miller of Babst Calland of Charleston, the lead attorney in both the federal and state case. The goal, said Matheny, would have Miller break down what the next move will be.
“We sort of have conflicting decisions out of the federal district court and Kanawha County Circuit Court,” said Ashcom, pointing to the amendment in question and the constitutionality of it.
Ashcom said Kleeh ruled that the city is not substantially impaired by the TIF agreement with Charles Pointe. Lindsay disagreed, which led to the impasse.
While that matter with Charles Pointe did not reach a conclusion, another item did. That item, discussed during the special meeting and acted on during the regular meeting, saw Council unanimously vote to transfer the deed to the Bridgeport Conference Center to Genesis Partners.
It is art of an agreement made 20 years ago as part of a private public partnership to draw tourists to Bridgeport through the creation of the facility at Charles Pointe. Genesis Partners has managed the facility for the two decades in question and, according to Shuttleworth and Matheny, has met all the obligations required under the 20-year agreement.
The owner of the building, the Bridgeport Development Authority, acquired the bonds to fund the Conference Center. It then leased the /Council%202026/Council%204-13-26%20Kinney.jpg)
building to the city who in turn subleased it to CP, or Charles Pointe, Hospitality, which is under the Genese Partners umbrella.
building to the city who in turn subleased it to CP, or Charles Pointe, Hospitality, which is under the Genese Partners umbrella.
As part of the agreement, once the 20 years expired, Genesis Partners had the option to purchase the conference center for $3 million or fair market value, whichever was less. Another part of the agreement said Genesis Partners had the option to put certain items toward the cost of acquiring the center.
Those items, Shuttleworth said, likely exceed $3 million and include things such as half of the hotel-motel tax generated over 20 years from the connected hotel, the value of the land donated for the facility, the value of the parking lot, the maintenance and upkeep, and other items.
Matheny said, barring something unusual, Genesis Partners will now own the Bridgeport Conference Center property.
The city will no longer make approximately $125,000 in annual payments on the bonds. The funds used by the city on the debt for the Conference Center came from the city’s portion of the hotel/motel tax.
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During the regular session, Council approved a one-time contribution of $25,000 to the Bridgeport Farmers and Makers Market. The contribution came after a brief debate and a 6-1 vote approving the funds with Council member Chris Kinney voting against it.
Kinney called contributions to organizations with no guidelines as “opening a can of worms,” and instead suggested donating city resources or helping with infrastructure as needed. Council member Clayton Rice called it “distinctly Bridgeport,” and suggested the money be given to the venue on a one-time basis. Community Development Director Andrea Kerr and Council member Dr. Jaclyn Rominger, who sit on the Farmers Market Board, said the /Council%202026/Council%204-13-26%20Mark%20Rogers.jpg)
money would help with the rebranding of the market.
money would help with the rebranding of the market.
Another item Council approved during the regular session was a Bridgeport Police Civil Service amendment to create a waiver for physical agility testing for certified and employed law enforcement officers when applying for employment with the city’s police force.
Police Chief Mark Rogers said waiving the physical agility test for currently certified law enforcement officers would provide an advantage to the Bridgeport Police Department by streamlining the hiring process and attracting experienced candidates. These officers, he said, have already completed physical requirements of an accredited police academy. Rogers said requiring them to repeat an entry-level agility test could potentially discourage qualified applicants in other jurisdictions. He said other agencies in the area, including Harrison County, have adopted this policy.
Aligning with other agencies in the region further enhances Bridgeport’s ability to attract qualified candidates who may otherwise choose departments with more streamlined hiring processes, said Rogers. Rogers added that background checks, medical evaluations, and performance assessments would remain.
Also, during Monday’s regular session, Council:
- Approved a contract with Joe R. Pyle Complete Auction & Realty Service for real estate auctioning services involving a lot that was formerly home to the Towne House East Motel, purchased in May of 2019 at a cost of $975,000. With demolition, the city has a little more than a $1 million invested in the parcel that covers 2.76 acres. Although listed on the paperwork as having a “reserve,” the issue is technically moot as Council will have to sign off on whatever the highest big that is received. The property will consist of two pieces – a commercial section up front and a residential section in the back.
- Recognized, under the awards and presentations portion of the meeting, Bridgeport Police Sergeant Scott Floyd for 20 years of service to the city. Sergeant Todd Collins was unable to be in attendance but was honored for 15 years of service to the city.
- Heard from Bridgeport High School All Sports Boosters President Dustin Vincent about seeing if the city would like to be a sponsor on the new video board, scoreboard at Wayne Jamison Field.
- Heard from Mark Harrison of Bridgeport Little League who thanked the current Council for working out issues regarding concessions at The Bridge to help provide a solid funding source for the baseball league.
- Approved the city’s annual Master Fee Schedule. It puts on the city’s fees for the year, increases, or even decreases, in one established document.
- Gave preliminary approval to an alley abandonment request by Trey Oliverio, located on Orchard Avenue.
- Saw the mayor present a proclamation in recognition of National Library Week (April 19-25) to Bridgeport Public Library Director Jill Rafter.
- Also saw Matheny make a presentation for a proclamation for Sexual Assault Awareness Month in Bridgeport.
- Reappointed Tim Curry and Josh Drummong to the Bridgeport Cybersecurity Board. The appointments are for three-year terms lasting until March 21, 2029.
Editor's Note: Top photo shows Mayor Robert G. Matheny, sitting, talking with City Attorney John Ashcom, while Interim City Manager Joe Shuttleworth is shown in the second photo. In the third image, Council member Chris Kinney discusses the Farmers Market, as does fellow Council member Dr. Jaclyn Rominger in the fourth image. Final image shows Bridgeport Police Chief Mark Rogers addressing Council
