Jefferson Co. Water Bottling Facility Developers Appeal To Supreme Court

Earlier this month Sidewinder Enterprises filed an appeal with the West Virginia Supreme Court of Appeals to overturn a decision by the Jefferson County Circuit Court to reject their proposed water bottling facility.

Last March the Jefferson County Planning Commission unanimously rejected Sidewinder’s concept plan for the facility in the rural community of Middleway, saying it did not comply with county zoning ordinances and concerns of possible harm to historic sites.

Sidewinder Enterprises sued, arguing the planning commission lacked the authority to reject their project. But Jefferson County Circuit Court Judge Bridget Cohee affirmed the planning commission’s denial in December.

Sidewinder maintains that their location was used for industrial and commercial development for 40 years, has never been rezoned and that their proposed bottling facility conforms to its historic industrial use and current zoning classification.

The lawsuit followed months of grassroots organizing from residents of Middleway and West Virginia’s Eastern Panhandle.

Residents have widely expressed concern that the project would result in water overuse or contamination, unsustainable truck traffic and degradation of local historic sites. The Middleway Historic District is listed on the U.S. National Register of Historic Places.

Last week the state Supreme Court issued a scheduling order requesting briefs from both parties by June. 

View the Notice of Appeal to the West Virginia Supreme Court of Appeals in full: