Homeowners association challenging Berkeley Planning Commission

MARTINSBURG - A homeowners association has filed for a Writ of Certiorari in Berkeley Circuit Court, asking Judge David Sanders to review the actions of the Berkeley County Planning Commission.

The Grant Acres Estate Homeowners Association, led by Michael Gunia, Dale Walker and Darren Pervarnik, filed the lawsuit April 4 through attorney David Camilletti of the Charles Town law firm Campbell, Miller and Zimmerman.

The controversy stems from the proposed building of 25 townhouses, a project called Mills Farm, on a lot adjacent to real estate owned by Gunia and Walker.

At a March 6 Planning Commission hearing on the matter, the plaintiffs made their opposition known by presenting "evidence and testimony in opposition to the Mills Farm project.

The Homeowners Association would like Sanders to review the method in which the Mills Farm project was approved March 6.

The plaintiffs state that the Commision: Failed to take official action upon the Preliminary Plat Application filed by Mills Farm at the meeting; failed to adopt Findings of Fact and Conclusions of Law to allow for a review of their actions; attempted to vote on the Preliminary Plat Application without a review of it and other necessary documents; failed to consider and evaluate storm water management, water run-off and traffic impact during the hearing; failed to verify that the Preliminary Plat Application was in compliance with the Berkeley County Subdivision Ordinace; violated the right of the Plaintiffs to due process of law and equal protection of law; and undertook an unlawful vote.

The plaintiffs ask Sanders to issue a Writ of Certiorari to require the production of a certified record for review of the Planning Commission's actions. They also request that the Court find the actions in violation of West Virginia Code, the Berkeley County Subdivision Ordinance and West Virginia law and that the Court issue an order to Vacate and Reverse the action of the Planning Commission.

Berkeley Circuit Court case number 06-C-224