STATE'S ECONOMIC GRANTS STILL ON HOLD - Legal Questions Pending

(08/22/2003)
A pending lawsuit has stopped the issuance of $225 million dollars in state grants, just approved by the Economic Development Authority. The authority voted not to issue bonds to fund 50 grant-winning projects.

The board listened to several attorneys, who said the bonds could not be sold while the case is pending.

Jackson County attorney Larry Harless said the use of state Lottery Commission money is a violation.

Harless, who successfully thwarted the Economic Development Grant Committee's first statewide handout, said another lawsuit challenging this round of funding seems unavoidable.

Harless, who says he can't begin to put together a lawsuit until he has an official list of projects funded Wednesday by the grant committee, said he's already spotted a handful of areas on which to mount a legal challenge.

Harless says the handing out $225.8 million to 48 projects, didn't seem to always follow its primary mission of economic development.

Harless said "I don't see how they could create jobs," referring to some of the projects.

Harless questioned grant committee money benefiting private groups — such as the Charleston baseball stadium or the Cabela's outdoor store in Wheeling. He questioned whether the money will be paid back. He said if the money isn't required to be paid back, he'll file suit immediately.

Under the committee's rules, the grants aren't required to be paid back.

There were further questions regarding how the EDA issued the grants and the appointment of people on the committee.

Some of the projects on the original "approved list" would have little if any impact on the economy, claimed Harless.

Few of the very rural, poor counties received grant money, nor were they able to qualify.