A judge in West Virginia is hearing a lawsuit from a Democratic state lawmaker, who says the governor must be forced to reside in Charleston, the state capital.

The Associated Press reported that a state judge told Gov. Jim Justice's (R) legal team to provide more documentation in the case at a hearing Wednesday while ordering the plaintiff, Del. Isaac Sponaugle (D) to do the same.

Justice, a billionaire who owns a number of businesses in the state, has faced criticism that he is often absent from the state capital.

ADVERTISEMENT

Records previously obtained by the AP showed that Justice has been largely absent from meetings with his cabinet and has rarely shown up at the statehouse during a busy legislative session. Justice resides mainly in a Lewisburg, W. Va., home close to one of his resort properties.

Sponaugle is suing the governor, arguing that he is violating the state constitution by not living in the capital. West Virginia's constitution includes a requirement that the governor “shall reside at the seat of government."

But both sides in the lawsuit are split over the meaning of "reside." The circuit court judge hearing the case asked for more information from both parties.

Justice's lawyers said in a statement Wednesday that the case was a frivolous distraction from the governor's job. They have maintained in court arguments that Justice maintains multiple residences and splits his time between Lewisburg and Charleston.

“This lawsuit is a frivolous political stunt designed to distract from the important work that needs to be done for the state," attorney Brian Abraham reportedly said.

Sponaugle, meanwhile, lambasted the governor in his own statement to the AP over his multiple legal battles and implored him to follow the state's constitution.

Justice's properties are involved in other legal battles, the AP reported, related to unpaid safety fines and outstanding debts.