CHARLESTON, W.Va. – A settlement is nearly complete in the lawsuit regarding a mural inside the state capitol that appears to depict US Senator Jim Justice’s pet.

Kanawha County Circuit Judge Dave Hardy held a final hearing on Wednesday to address the settlement agreement in the suit against the West Virginia Capitol Building Commission that alleges the mural, which appears to show Justice’s dog “Babydog” sitting amid state landmarks, was approved without adequate public comment or oversight.

As part of the settlement, the commission must hold a special public meeting to review the murals and contracts.

“The public has a right to see, ‘How did this reasoning come about? How did this conclusion come to be made in the murals?,’ and after that the commission members can vote,” plaintiffs’ attorney Harvey Peyton said.

Former arts secretary Randall Reid-Smith, who is also named in the suit, previously stated that the imagery in the mural was reviewed by a group of executive branch officials, including himself. No record exists of those meetings being public.

Peyton filed the suit in 2024 on behalf of Tom Acosta, an artist among the bidders on the original project, and Gregory Morris, a West Virginian objecting to requirements for open meetings and competitive bidding. Peyton explained that the issue at hand is the process, not the mural itself.

“If this had been done, I believe, in accordance with the Open Governmental Proceedings Act, and this project had been put on the agenda of any number of quarterly meetings that were held while the project was obviously in the process, I suspect it would’ve been approved,” he said.

The mural was unveiled in June 2024, showing Babydog sitting on a knoll in front of Seneca Rocks with images of an artist, musicians, and dancers nearby. Peyton stated that the public has the right to decide whether the mural is displayed, no matter the content.

“I can’t tell them what to put on the murals. You can’t tell them what to put on the murals. That’s up to the Capitol Building Commission, but they have to do it in compliance with the act,” he said.

Due to the ongoing legislative session, the parties agreed to set a 90-day deadline from the entry of the settlement order for the meeting to occur. Peyton believes that will ensure the public gets its owed opportunity.

“Let’s wait until the session’s over and do this in April, sometime when there’s parking available. We can use the governor’s conference room. We could use the lobby of the Cultural Center, some open spot, and not jam it in when the legislature’s there,” he said.

Judge Hardy is expected to enter the final settlement agreement in the coming days.