A federal lawsuit claiming the town of Fayetteville interfered with the operation of a residence for recovering alcoholics and drug users is set for a Sept. 26 trial, according to a recent order.
The Delaware-based, not-for-profit Oxford House and resident Justin Poling filed the suit June 7 against Fayetteville Mayor James Akers and Fayetteville resident and neighbor of the proposed house, Bill Corley.
U.S. District Judge John Copenhaver granted a motion to dismiss claims against Corley in a February order, however.
The Oxford House is an organization that serves people who have completed detoxification, short-term substance abuse treatment or those who have been discharged to a correctional facility with a history of drug or alcohol abuse.
Oxford House entered a contract to open five houses in the Mountain State. According to the complaint, Oak Hill minister Rick Rutledge approached Oxford House employee Bill Breckenridge to discuss the possibility of opening a house in Fayette County.
Breckenridge signed a lease for a single-family house located on 22 Short St. in Fayetteville in April, which would provide housing for up to six people in alcoholism or drug addiction recovery.
Oxford House officials claim the town of Fayetteville filed a petition for a temporary restraining order a month later that sought to order the Oxford House from occupying the Fayetteville location. The restraining order was later denied.
According to the complaint, Breckenridge and Poling were told to leave the property after they were approached by Fayetteville Mayor James Akers, Fayetteville resident Bill Corley and approximately six to 12 neighbors.
Oxford House officials allege the town of Fayetteville violated the Fair Housing Amendments Act by not allowing the resident to move in.
In the answer to the complaint, Fayetteville officials say they did not act in a discriminatory fashion and that the town's zoning laws are not discriminatory because they apply to all "similarly situated groups" wishing to occupy single-family residences.
Fayetteville officials also said Oxford House's alleged damages were caused by third party acts, which they had no control over.
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