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Originally published Sept. 17, 2024
WHEELING, W.Va. – A Virginia man filed a civil lawsuit in Ohio County Circuit Court against the Wheeling Park Commission organization and Robert Peckenpaugh, its President and Chief Executive Officer.
Bruce Fein of Great Falls, Virginia filed the lawsuit September 6 in Wheeling concerning the defendants Peckenpaugh and the Wheeling Park Commission’s alleged failure to comply with his request for information submitted under the West Virginia Freedom of Information Act.
The suit says that Fein submitted a records request to the defendants on August 23 regarding a reported fraud investigation by the United States Department of Justice concerning approximately $4 million dollars allegedly loaned to and not repaid by the Commission under the federal COVID-19 relief program called the Paycheck Protection Program.
Fein’s lawsuit claims that the Commission and Peckenpaugh had five days to answer Fein’s request by furnishing records or denying the request. The suit claims that an attorney, Shawn Morgan, who reportedly identified herself as representing the Commission, allegedly told Fein that his FOIA request did not cover public records and was for general, not specific documents. Morgan also allegedly told Fein, the suit claims, that the Commission had applied for a protective order after receiving his FOIA request.
Fein claims in the lawsuit that the Commission and Peckenpaugh willfully and without a valid legal reason violated their duty under West Virginia law to furnish the documents that Fein requested.
Fein asks the court for an injunction to provide the documents he requested and and also requests an expedited hearing and trial on the matter. Fein also requests that the defendants pay all his attorney’s fees and costs.
Fein is represented by the Manchin Injury Law Group of Fairmont, West Virginia.
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