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Partial List of Lawsuits to Force Jefferson County WV to Obey the Law
|
Who sued? |
Subdivision or Decision |
Issue |
Did lawsuit win? |
Lawyer |
Dates |
Case # |
|
W Gavin |
Cell tower |
Cell tower location & lighting violate Comprehensive Plan; inaccurate public notice |
YES |
Hamstead |
1998-9 |
98-P-44 |
|
Harpers Ferry Conservancy |
copy charges |
75 cents per page illegally high, must not exceed 25 cents |
YES & won lawyer fees too |
Hamstead |
1999-2001 |
99-C-183 |
|
M. Knott |
Kayak Shack |
Sign should have been allowed |
YES |
Rockwell |
1999-2003 |
99-C-59 |
|
E Blake |
town rep |
County refused to accept town representative on county planning commission |
YES |
No |
2000 |
00-P-40 |
|
T Moses |
Shannondale mini-storage |
Unconstitutionally narrow hearing |
NO |
No |
2000-1 |
00-C-65 |
|
Harpers Ferry Conservancy |
Murphy Farm |
Improper procedures |
YES on 1st case NO on 2nd case |
Hamstead |
2000-2 |
01-C-146 |
|
V Faulkner |
Zoning appeal fees were illegally high |
YES |
No |
2000-2 |
00-C-364 |
|
|
C Gallant |
Need historic review before demolishing jail |
YES |
Michael |
2000-3 |
00-P-122 |
|
|
J Surkamp |
Incomplete, inaccurate data; improper procedures |
moot because land annexed to city |
Michael |
2001-2 |
01-P-70 |
|
|
G Corliss |
Mis-measurement of adjacent land, schools, sewer, & water supply; incomplete data; development rights already used up |
Yes in Circuit Court on land & data, NO in WV Supreme Court |
No |
2001-3 |
01-C-139 |
|
|
JC Kletter |
Mis-measurement of schools, sewer, & water supply; incomplete data; development rights already used up; insufficient public notice |
YES in large part |
No |
2001-3 |
01-C-331 02-C-217 02-C-348 |
|
|
R Burns |
Spruce Hill |
Septic systems will endanger ground water |
settled out of court |
Rockwell |
2002 |
02-C-35 |
|
M MacElwee |
Incomplete data |
YES, being appealed to WV Supreme court |
No |
2002- |
02-C-40 |
|
|
Shep Men's Club |
Town Center |
Improper conditional use permit for townhouses |
YES, sent back to planning commisssion |
Hamstead |
2002-3 |
02-C-50 |
|
M Dunkum |
Summit Pt Races |
Unlawful "spot zoning" amendment |
in process |
Hamstead |
2002- |
02-C-255 |
|
C Tribble |
Summit Pt Races |
Unconstitutional "spot zoning" & small setback |
in process |
Scales |
2002- |
02-C-280 |
|
L Koonce |
Sheridan |
Incomplete, inaccurate, outdated data |
NO, judge said case was too vague to hear |
No |
2003 |
03-C-115 |
|
Aubrey (Gene) Henry (developer) |
Town Run Commons |
2001 staff report, 2004 state lawsuit, 2009 federal denial summarizes cases |
NO |
Gutsell, Yoder, DeFazio |
1994-2009 |
many: 3:06-CV-33 |