Fayette officials named in development lawsuit

CHARLESTON – Fayette County officials were unfair to some citizens by denying building permits to property owners in a housing development along the New River Gorge based upon "ever-changing policies," according to a lawsuit.

Three Rivers Companies Inc. named the Fayette County Planning Department, the Fayette County Sanitarian and the Fayette County Clerk as third-party defendants in the suit that originally was filed last year.

Three Rivers, a West Virginia subsidiary of an Atlanta-based developer, has spent more than $3 million in building roads and installing utilities for the River Ridge development near Glen Ferris.

The complaint alleges negligence, wanton and reckless conduct on behalf of the Fayette County Planning Department, Fayette County Sanitarian and Fayette County Clerk.

"At the heart of this matter is the fundamental right people have to use their property without excessive, unfair government interference," said Marc Weintraub, an attorney for Three Rivers Companies. "Three Rivers worked with Fayette County officials to obtain the approvals necessary to move forward with the River Ridge development. Not until after approvals were given was the rug pulled out from under them."

The lawsuit was filed on behalf of Three Rivers Companies for its proposed River Ridge development. The suit alleges Fayette County Zoning Enforcement Officer Tim Richardson and Fayette County Sanitarian Philip Perone denied building permits to property owners based upon ever-changing policies.

"Basically, we have a few unelected bureaucrats making policy rather than following established rules and long-standing procedures," Weintraub said. "Now, due to their actions, Fayette County stands to lose millions of dollars in economic benefits."

Richardson and Perone claimed sewer issues for the development had not yet been resolved.

"This came as a total shock to my client as the plat for the development had already been submitted and recorded by the Office of the Fayette County Clerk," Weintraub said.

Three Rivers Companies then sought solutions and hired Canaan Valley Institute (CVI). CVI recommended alternative wastewater treatment systems proven to be effective in similar geographic locations. One such solution involved designating the property as a Community Enhancement District (CED), a request that was later tabled, but never formally denied by the Fayette County Commission.

Other options, such as annexation into surrounding cities, were attempted but not well-received.

"Three Rivers tried multiple times to resolve the issues caused by Tim Richardson and Philip Perone," Weintraub said. "Essentially, Three Rivers was forced to file this lawsuit as a last resort to protect fundamental property rights."

Kanawha Circuit Court case number: 07-C-2108