Summary – In 2021, JCV filed a Legal Complaint for injunctive relief against the Jefferson County Planning Commission (JCPC). The complaint identifies alleged violations of the Open Governmental Proceedings Act (OGPA), by the JCPC while reviewing a zoning map amendment application, during a regular meeting on May 11th, 2021.
JCV asserts improper deliberations and/or taking official action occurred in a closed executive session, and asked the Circuit Court to declare that the Planning Commission’s actions violated the WV Open Governmental Proceedings (or Meetings) Act, and therefore the Court should annul the decision of the JCPC to recommend the rezoning request to the County Commission.
Current Status – The case is still active and under consideration with Judge Hammer. In early September 2023, previous President of JCV and current chair of its Legal Committee, Stacy Tabb, was deposed along with several members of the Planning Commission. Following the depositions, both JCV and the JCPC, requested from the Court, a Motion for Summary Judgment. Judge Hammer is now reviewing the responses and deposition transcripts to provide a determination.
Upon receiving the Court’s ruling, the JCV board along with its legal committee chair and attorneys will determine next steps. This case is a critical example of holding government officials’ actions accountable to not only the people they represent but to the standards set forth by law.