Temporary Order Stops Sale Of Manchin Facility In Fairmont

Updated Friday, Oct. 24, 2025 at 4 p.m.

Gov. Patrick Morrisey’s office replied to a request for a statement on the Temporary Restraining Order: “We have received the complaint and are aware of the temporary restraining order. The contract to sell these facilities is based on very strong legal authority, and we look forward to communicating our arguments to the court at Tuesday’s hearing.”

Original story

Marion County Circuit Court Judge Matthew S. Delligatti issued a temporary restraining order Friday against the sale of the John Manchin Sr. Health Care Center in Fairmont to Marx Development Group. The order names Gov. Patrick Morrisey and Secretary Michael Caruso of the WV Department of Health Facilities, in their official capacities.

In August, Morrisey announced plans to sell Hopemont Hospital in Terra Alta, Jackie Withrow Hospital in Raleigh County, John Manchin Sr. Health Care Center in Fairmont and Lakin Hospital in Mason County by the end of September. 

At the time of the announcement, Morrisey said the hospitals are licensed for 511 beds, although not all of them are currently in use. 

“Marx Development Group, or MDG, has agreed to purchase these assets from the state of West Virginia for $60 billion,” Morrisey said. “And in addition, as part of the deal, MDG has also agreed that it would be investing in West Virginia to construct new facilities.”

Morrisey said the sale will help the state avoid an estimated $100 million in costs to renovate the buildings and that the four facilities have been operating at a $6 million annual loss. 

As a private attorney, Sen. Joey Garcia, D-Marion, filed a motion to stop the sale on behalf of his client Mary Devito, a resident of the facility. Garcia indicated he planned to file a suit at the end of August. Plaintiffs must give 30 days notice before suing the state. 

Garcia indicated he would not be making statements because of the pending litigation but in August he told West Virginia Public Broadcasting “My client and other residents have many concerns but very little information other than a potential sales deadline of Sept. 30, 2025. The only way to protect the residents of John Manchin Sr. now is to fight this in court.”

A hearing has been scheduled for Tuesday, Oct. 28, 2025, at 3:30 p.m. in the Circuit Court of Marion County.

Marx Development Group is an owner and operator of similar long-term care facilities in states around the region. The company owns 55 properties through its subsidiaries with over 5,000 licensed beds.