AUGUST 2012 - LEGAL UPDATE
In June, the Circuit Court granted our “Motion For Partial Summary Judgment”. In a petition filed with the Circuit Court, we alleged that an agreement between the Jefferson County Planning Commission (PC) and the developer of Far Away Farm (FAF), granting a 3 year extension to develop the farm, violated the West Virginia Open Governmental Proceedings Act. First the Court granted us standing in this case ruling that we were interested parties. Then the Court ruled that the facts that we presented were not in dispute and that the PC/FAF agreement violated the advance notice and reporting requirements of the Act.
Now, we are seeking all relief under the Act including invalidation of the decision by the PC to approve the PC/FAF agreement, injunctive relief and the fees and costs that we incurred in this case. A hearing in Circuit Court is scheduled for Friday, August 10 at 9:00AM. The Aug 10. Circuit Court hearing was postponed because the developer filed an appeal with the WV Supreme Court of Appeals.
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For Immediate Release – December 22, 2011
Shepherdstown, West Virginia
For more information, contact:
John C. Allen Jr.
Chairman,
Jefferson County Historic Landmarks Commission
(304) 582-2032
Edward E. Dunleavy
President,
Shepherdstown Battlefield Preservation Association Inc
(304) 876-7029
CEMENT MILL PROPERTY PURCHASED BY THE JEFFERSON COUNTY HISTORIC LANDMARKS COMMISSION
On Wednesday afternoon, West Virginia Delegate John Doyle and the Jefferson County Historic Landmarks Commission announced that the Landmarks Commission completed the purchase of the historic Cement Mill property. The property is an 18 acre site on the Potomac River. The property contains structures from an 1829 Cement Mill that was the beginning of the Industrial Revolution in Jefferson County and is also part of the site of the 1862 Battle of Shepherdstown. The structures include the ruins of the mill, six kilns on the bank of the river, a large kiln south of River Road and the remnants of an office building. Some of the kilns on the river show damage from Union artillery shells sustained during the Battle of Shepherdstown.
"This is an important acquisition for Jefferson County," stated John C. Allen Jr., Chairman of the Jefferson County Historic Landmarks Commission, "not only is the property historic, it will provide public access to the Potomac River for recreational purposes. We plan on enlisting community help in the spring to help clean up the site and begin creating trails. It is the intention of the Landmarks Commission to place a conservation easement on the property to insure that it remain undeveloped in perpetuity. Also, we will apply for inclusion in the National Registry of Historic Places. The Commission intends to begin the process whereby ultimately the site will be deeded to the Antietam National Battlefield Park."
"Many historians regard the site of the Battle of Shepherdstown as the end of the Battle of Antietam or certainly the end of Robert E. Lee's Maryland Campaign of September 1862," said Ed Dunleavy, President of the Shepherdstown Battle Preservation Association Inc. (SBPA), " the Battle of Shepherdstown was fought on September 19 and 20, 1862 and was one of the reasons that Lee
ended his campaign and retreated up the Shenandoah Valley. SBPA has been working for the last 8 years attempting to save battlefield land and this purchase now means that 102 acres have been saved. SBPA brought the idea of purchasing the site to the County more than two and half years ago," added Dunleavy," and it is gratifying that the Landmarks Commission was willing to spend the time and energy in a long and arduous negotiating process."
The site was purchased for $375,000 from a private individual whose family owned it for more than 100 years. The funds used to purchase the land came from two $100,000 West Virginia Transportation Enhancement Grants garnered by SBPA for the County with $50,000 in matching funds from the Civil War Trust (CWT). When it became apparent that the owner was willing to sell the property additional funds were sought and the CWT, the Save Historic Antietam Foundation, SBPA provided those funds. However late last week $25,000 was still needed to purchase the property. Delegate John Doyle was able to successfully request those funds from West Virginia Governor Earl Ray Tomblin.
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