MORGANTOWN – Developer David Biafora is suing Brian Butcher for $257,434.07 claiming Butcher, the city’s deputy mayor and Morgantown City Council’s 7th Ward representative, “made purposefully defamatory and slanderous statements motivated by his anti-capitalist desire to wreck the reputation of the plaintiff …”
The lawsuit, filed Oct. 17 in Monongalia County Circuit Court, lists Butcher as the lone defendant and the North Central West Virginia Business Association as an interested third party.
The suit states it is not an action against the city arising from Butcher’s council position. It further states the action isn’t seeking insurance proceeds from Butcher’s personal policies or the liability policy issued by the city.
“Because all the allegations in this complaint seek recovery for defendant’s intentional conduct, plaintiff seeks recovery from defendants’ personal assets only.”
A response filed by Butcher’s legal counsel on Nov. 21 says the complaint fails to state a claim upon which relief can be granted, and asks the court to dismiss the case, with prejudice.
The lawsuit centers around a June text conversation between Butcher and a third party, James Giuliani.
In the texts, a screenshot from which is included in the filing, it appears as if Butcher makes a number of claims about Biafora, including that BIafora threatened to kill Butcher and his family; that Biafora is “federal criminal and violent psychopath” and that Biafora threatened to kill an elected official. Butcher also states, “I don’t think dealing with a violent crook is good for the city, but I let it continue and keep my mouth shut because I know it could be a net positive.”
The conversation looks to be in reference to the 10-acre East End Village development for which Biafora is the master developer. The property purchased for the development was purchased from Giuliani.
The city of Morgantown is a major player in the redevelopment project, financially and administratively. Earlier this month, Morgantown City Council voted to submit an application to the state seeking the creation of a new TIF district in support of the development.
“Mr. Butcher published these statements to a number of people including a business acquaintance and respected member of the business community, James Giuliani. Mr. Giuliani is one of the financiers of a project that Mr. Biafora and his partners are currently involved in. Mr. Giuliani holds power over Mr. Biafora and his partners in this project,” the suit states.
Mark Kepple, representing Biafora, says all the claims made in those messages were unsolicited and knowingly untrue. The lawsuit claims Biafora “has suffered and will continue to suffer harm” as a direct result.
“Mr. Biafora believes that Brian Butcher is a scared little man who is a coward,” the suit states, later adding, “While Mr. Butcher’s existence continues to be wholly and completely meaningless to Mr. Biafora, Mr. Butcher’s purposeful interference with Mr. Biafora’s business affairs must now be addressed.”
In response, David Adkins, representing Butcher, said Butcher admits sending the private text messages to Giuliani referenced in the lawsuit, but denies that the statements therein contained “numerous lies and slanderous and defamatory statements about Biafora.”
“The defendant denies that he transmitted or published intentionally false and defamatory statements made to third parties about the plaintiff. The defendant denies that he made purposefully defamatory and slanderous statements and/or [has an] anti-capitalist desire to wreck the reputation of the plaintiff and to otherwise cause others not to associate with plaintiff in any real estate ventures within Monongalia County.”
In defense, Adkins claims the lawsuit has failed to state a claim upon which relief can be granted and that “the injuries or damages complained of may have been caused or brought about solely by superseding and/or intervening causes over which Butcher had no control.”
Further the defense states Biafora has failed to mitigate his injuries or damages, if any; and that Butcher raises the defense of his protections under the First Amendment as applied to the State of West Virginia by the 14th Amendment, as well as his protections under Article III, Section 8 of the West Virginia Constitution.
The defense is asking the court to dismiss Biafora’s claim and allow Butcher to recover costs associated with defending the lawsuit.
