Development can move forward as judge dismisses Fraziers Bottom residents' petition

The judge said in the Aug. 23 ruling, “Generally, the courts of West Virginia have no power to control by injunction a county court in the exercise of its purely legislative or governmental functions.�

In January, the Putnam County Commission voted unanimously to rezone the property from C1 Suburban Commercial District to C2 High-Density Commercial District, which was originally approved during a Dec. 28, 2023, commission meeting.

“This meeting was to decide upon an amendment to a zoning ordinance, which is unquestionably a legislative act,� the judge said in his ruling.

Reeder also said the re-zoning request was consistent with the objectives of the U.S. 35 Corridor Management Plan, Teays Valley Land Use Plan and the county’s Comprehensive Plan.

The judge added, “The county commission’s inability to disclose the intended use of the property in no way deprived the petitioners from their due process rights or a fair and impartial decision.

“The County Commission did not know, and could not disclose if it did, the intended use or users of the property because it would amount to illegal contract zoning or reverse spot zoning.�

Eric Embree, an attorney with Tyree, Embree & Associates, PLLC in Hurricane who represented the Putnam County Commission, declined to comment.

A message left for Putnam County Commissioner Andy Skidmore, who is also Hurricane’s city manager, was not immediately returned.

Petition filed on behalf of residents, business, church

The petition to stop the zoning change was filed by Fraziers Bottom residents Karen Thaxton, owner of Once Upon a Farm, Charles Caldwell, and the Fraziers Bottom United Methodist Church by their counsel Max Gottlieb and Skyler Matthews with the ÂÒÂ×ÄÚÉä law firm Hissam, Forman, Donovan, Ritchie PLLC.

The group accused the county of “spot zoning� and said the community’s input in the process was ignored.

Gottlieb declined to comment, saying he need to consult with his clients. He also declined to say if the judge’s ruling would be appealed.

Shirley Jones, who represented the church in the case, called Fraziers Bottom a bedroom community with a home and church of historical significance.

“We are not against business. We have been happy with the Business Park. It has grown and blended well with our rural settings,� Jones said. “The C-2 highly industrial zoning is what we are against. How does this promote and protect the health, safety, convenience, moral and general welfare of the community? How could anyone vote that a 36-acre, huge warehouse, which will operate 24 hours a day, seven days a week with over 700 parking spaces, would be OK?�

Zoning change needed for proposed development

While non-disclosure agreements prohibit county officials from commenting, records obtained from the U.S. Army Corps of Engineers in Huntington show a pre-construction application for “Project Kanawha,� a proposed 123,940-square-foot warehouse facility that would be used to deliver consumer goods.

While many residents say they believe it will be used as a warehouse facility for Amazon.com, in April, officials with the global company — based in Seattle, Washington, and Arlington, Virginia — would not confirm nor deny interest in the property or the planned warehouse.

“It’s premature to speculate,� an Amazon spokesperson said in an email response to questions from HD Media. The company did not respond to messages seeking an update.

The request for the zoning change came from property owner David Hobba, who is also on the Putnam County Planning Commission. Hobba recused himself from discussions and voting to send the zoning request to the Putnam County Commission.

A message seeking comment from Hobba was not immediately returned.

Hobba filed a defamation lawsuit in January against the group who filed the petition to stop the zoning change. That case has not made its way through the court system and is still pending a trial date.

Residents disappointed in judge’s ruling

Jason Miller, of Dunbar, said he grew up on his aunt’s farm in Fraziers Bottom and feels the judge’s ruling is wrong.

“In our only hearing on this petition the judge did not allow the hearing or discussion of any of our evidence that the zoning change approved did not have the required documentation or analysis on impacts the zoning change could have on the surrounding community we thought should be required for such a zoning change,� he said. “If this ruling is actually held to be valid, then zone rules in Putnam County are only protective for county residents as long as they agree with the County Commission. If it is allowed to stand, citizens ultimately have no recourse to appeal a zoning change made by the county.�

Thaxton’s daughter, Lee Ann Grogg, said the judge’s ruling did not factor in the community’s concerns.

“In my opinion this journey has been an education in Putnam County practices,� she said. “Zoning policies in Putnam County are not there to protect existing properties, real economic development or historical assets. They are there simply to facilitate the needs of people in power.�

Fraziers Bottom resident Sherry Wells said she was disappointed in the judge’s ruling, but not surprised.

“I am hopeful that the developer will choose a more appropriate site in Putnam County for the project, as they are undoubtedly aware of the sentiments of the residents of our community,� she said.

Wells said she is not against the development of the property.

“I am also hopeful another project — more in tune to the beautiful Fraziers Bottom area — will occupy the land, which would be a win-win for all parties involved,� she said.