West Virginia University's Institute of Technology is still on track to begin its move out of Montgomery this fall, but two unresolved legal matters continue to hang over the school's controversial move to Beckley.
While the university's new campus is being prepared to receive its first freshman class this fall, the legality of the move still is in question as a lawsuit alleging it's unlawful for WVU Tech to be headquartered anywhere but Montgomery won't be decided until May.
Meantime, legislation that would remove from state code language restricting the university's base to the Upper Kanawha Valley town is pending in committee. Should it pass, it could make a local opposition group's attempt to stop the move even more difficult.
The group, which filed a lawsuit in Kanawha County Circuit Court, sought an immediate injunction preventing the move to Beckley. That motion was denied to see if the pending legislation passes. The group's members had hoped to stall the ongoing move, which will be completed by 2017.
Despite legal hurdles, WVU officials are confident the bill will pass and WVU Tech will thrive in its new home.
"We believe very strongly our Beckley campus will be an important component of success," WVU President Gordon Gee said.
When asked if he has been involved in any talks to clear the legislation, Gee said the university has done all it can to work with lawmakers and local governments affected by the move.
"We want to make certain we're doing everything we can to make it work," he said.
While the lawsuit and legislation await action, the university received the OK from some local government officials. The Kanawha and Fayette County commissions and the town of Smithers, all affected by the move, voted to sign an agreement not to sue WVU, which has promised economic support and to upkeep vacated facilities. The City of Montgomery, the only other Upper Kanawha Valley government that deal was extended to, did not sign the agreement. Montgomery Council members unanimously voted on Feb. 9 not to sign, though Mayor Jim Higgins said they could sign in the future.
Even though some locals decry the move, which they say will decimate the Upper Kanawha Valley economy, excitement surrounds the new campus in Beckley's downtown area.
Beginning in the fall semester, first-year students will be admitted to the Beckley campus, which WVU purchased last year for $8 million from the now-defunct Mountain State University. It has since been re-branded as the West Virginia University Institute of Technology at Beckley.
Sophomores, juniors and seniors currently attending the Montgomery campus won't be moved until after the transition is complete in 2017. They'll be able to complete their degrees in Montgomery.
Until the move is complete, programs will be offered at both locations. In 2017, all programs in Montgomery will be moved to Beckley, where WVU has promised to continue them. The university also intends to offer new programs, some of which will collaborate with nearby Bluefield and Concord universities.
The Montgomery school has long been an attraction for commuter students. By moving its campus 40 miles south to Beckley, the Upper Kanawha Valley will lack options for those seeking an education from a four-year institution.
Marshall University, which operates a satellite campus in South Charleston for graduate students, may soon fill that void. Officials are in the early stages of offering undergraduate programs there.
Reach Samuel Speciale at sam.speciale@wvgazettemail.com, 304-348-7939 or follow @samueljspeciale on Twitter.