(Berkeley Springs, WV) — A Morgan County Circuit Court judge notified county officials on October 1 that he had issued a ruling in their favor in a civil land planning suit.
The suit, which was filed by six county property owners in March, claimed that the Morgan County Planning Commission had not followed its own procedural rules when it granted seven waivers to developers interested in creating a commercial building lot for a proposed Dollar General store in the Oakland Overlook residential subdivision.
With the waivers, the developers were permitted to create a Planned Unit Development – a mix of eight residential lots and one 2.5-acre commercial lot. Cross Development LLC of Texas has plans to purchase a portion of the property in order to build a Dollar General retail store.
Morgan County Circuit Court Judge Christopher Wilkes rejected the arguments of the group trying to stop the development in a September 28 decision, which was issued without a hearing.