West Virginia Record

Sunday, January 19, 2020

Men, corporations sue Putnam County Commission for rezoning order

By Kyla Asbury | Jan 3, 2017

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WINFIELD – Two men and two corporations are suing the Putnam County Commission after they claim it violated the a zoning ordinance by agreeing to rezone properties.

Richard L. Crites, Christopher Swindell, Deer Valley Townhouse Association and Brierwood Corporation filed the lawsuit in Putnam Circuit Court.

The plaintiffs claim that Victoria Crouse Arvidson and Thomas Andrew Crouse are the owners of four parcels of real property known as the “Crouse property.” Victoria Arvidson, along with Curtis M. Arvidson, are owners of a parcel of real property known as the “Arvidson property.” Dennis Powell owns a parcel of real property known as the “Powell property.”

Prior to Nov. 1, the Crouse property, Arvidson property and Powell property were all zoned R-1-Single Family Residential District, according to the suit.

The plaintiffs claim the property owners submitted applications for rezoning, requesting to have their properties rezoned from R-1-Single Family Residential District to C-2-High Density Commercial District and, after a public hearing on Sept. 27 before the Putnam County Planning Commission, the planning commission voted to recommend to the defendant that the applications all be denied.

On Oct. 18, a public hearing was conducted and the county commission heard public comments on both opposing the rezoning and in favor of the rezoning, according to the suit. At the conclusion of the hearing, the defendant tabled the decision until the Nov. 1 meeting.

The plaintiffs claim during the Nov. 1 meeting, the defendant approved the rezoning of the Powell property, denied the Arvidson property and granted in part and denied in part the Crouse property.

The defendant’s order granting the rezoning of the parcels of land violates the Land Use Planning Statute and Putnam County’s Zoning Ordinance, according to the suit.

The plaintiffs are seeking an order setting aside the Nov. 1 order and to void the change in zoning. They are being represented by Jonathan Nicol and Terrance Rodgers of Kay Casto & Chaney.

The case is assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 16-C-287

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Kay Casto and Chaney