City of Morgantown v. Nuzum Trucking Co.

The City of Morgantown passed an ordinance seeking to regulate the weight and size of certain vehicles using a portion of West Virginia State Route 7 that passes through Morgantown. Plaintiffs filed a complaint arguing that the ordinance was preempted by state law. The circuit court granted Plaintiffs’ motion for summary judgment. The Supreme Court affirmed, holding that a municipality is not statutorily authorized to prohibit the operation of trucks or to impose limitations on the size or weight thereof on a connecting part of the state road system, and therefore, Morgantown was not authorized to regulate the size or weight of trucks traveling on the portion of W. Va. Route 7 that lies within the city. View "City of Morgantown v. Nuzum Trucking Co." on Justia Law