West Virginia Governor Jim Justice is being sued by a state lawmaker who claims Justice is violating the state Constitution by not living in the state capital.

According to news reports, Justice, a Republican billionaire who owns more than 100 companies, is being sued by Democratic Delegate Isaac Sponaugle who cites the state Constitution as requiring the governor to "reside at the seat of government."

In declaring the lawsuit a "frivolous political stunt designed to distract from the important work that needs to be done for the state," Justice's lawyers have asked, "Is he 'residing' in Charleston if he sleeps there but departs in the morning and spends his waking hours elsewhere? Conversely, is he 'residing' in Charleston if he spends some portion of his waking hours there but sleeps elsewhere?"

Following a recent hearing, a circuit court judge extended the case by requesting more documents from Justice’s legal team and Sponaugle.

Justice has acknowledged he lives in Lewisburg, a city about 100 miles from the governor’s mansion in Charleston but not far from The Greenbrier Resort, which he owns.

Sponaugle said the governor should have to comply with the state Constitution and live in the capital. “All I’m asking for the man to do is follow the Constitution and he has the inability to do that,” he said.

“You can have more than one residence, and he resides in the capital and he resides wherever he chooses on a nightly basis. But the fact remains he continues to perform the duties as governor in his discretion, and he resides as the Constitution requires in Charleston,” Justice attorney Michael Carey said.

At issue as well is the authority of the courts to determine the whereabouts of the state's chief executive. Justice and his lawyers have called the case "a total waste of time."

—Source: cbs17.com