West Virginia Attorney General issued the following announcement on Nov. 23.
West Virginia Attorney General Patrick Morrisey has filed a brief in support of the Hill Top House Hotel development and the legal authority Harpers Ferry has exercised to facilitate that development.
At issue is whether Harpers Ferry has the ability under the West Virginia Municipal Home Rule Program to sell undeveloped streets to the Hill Top House developer to facilitate the project.
In the brief, the Attorney General demonstrates that the town clearly has this authority under state law and the constitution.
“For West Virginia to reach her full potential, cities and towns such as Harpers Ferry must have the flexibility to pass ordinances that enable economic development within their borders,” Attorney General Morrisey said. “This project has been significantly delayed by forces who are opposed to the state’s economic progress. We cannot afford to stall this vital project any longer.”
The Home Rule Program is a statute that the legislature passed in 2007 and made permanent in 2019 to give municipalities the flexibility to improve urban and state development within their borders.
Since its enactment, 48 cities and towns have taken advantage of this expanded authority and have seen increased revenue and development as a result.
As the brief notes, the state has an interest in facilitating and encouraging the development of the Hill Top House. It is anticipated that the Hill Top House’s success will further the general welfare and material well-being of West Virginia’s citizens and will promote statewide economic development. It is therefore in the state’s interest to prevent this redevelopment from being unnecessarily delayed.
The Attorney General took this action utilizing his authority to appear in his official capacity on behalf of the state to assert the Attorney General’s view of the state law and defend its statutes, especially with important projects that are vital to the state’s economic development such as Hill Top House.
Original source can be found here.