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Sidewinder Files Lawsuit Against Planning Commission
Sidewinder, the California-based investment company planning a commercial water bottling plant in Middleway, has filed a legal challenge to the Jefferson County Planning Commission’s March denial of Sidewinder’s concept plan for a commercial water bottling plant.
Sidewinder purchased the former 3M/Kodak property in 2021. In October 2024, The Observer broke the story about the company’s plan for large water bottling factory on the site. In early March 2025, Sidewinder presented a concept plan for the project to the Jefferson County Planning Commission. Following the public workshop, which lasted almost 7 hours, the Planning Commission voted to reject the concept plan that was presented.
The Jefferson County Planning Commission met on April 8 and voted to approve “Findings of Fact and Conclusions of Law” for the project, related to the decision it made at the March meeting.
In its Findings, the Commission notes that the “zoning review” authored by the former [acting] zoning administrator concluded that the Sidewinder project was permissible under the county’s zoning ordinance. The Findings section of the document also notes that the “zoning review” did not address other issues relevant to the county’s ordinance, including “historic issues, health, safety and welfare, and purposes of the Ordinance” — issues referenced by the Planning Commission when it rejected the Sidewinder concept plan after these issues were presented to the Commission during the March public workshop.
On April 10, 2025, Sidewinder filed a petition in Circuit Court asking the court to 1) vacate the Planning Commission decision to reject the plan and 2) order the Planning Commission to provide direction on the concept plan so that Sidewinder can proceed with the project.
The Circuit Court has not yet scheduled any proceedings for this case.
Follow this story at ObserverWV.com.
A message from the Bridge Gallery
"Landscapes Imagined" is a series of Palette-Knife Paintings by Wayne Skinner. The exhibit will run until May 11 at The Bridge Gallery, 8566 Shepherdstown Pike. Open Wednesdays, Thursdays & Fridays 10 to 5, Saturdays noon to 6, and Sundays noon to 3.
The Governor Gets Data Centers & Microgrids
The “Certified Microgrid Program” legislation (House Bill 2014) was one of Governor Patrick Morrisey’s top priorities for the recently concluded legislative session in Charleston. The Senate voted 31-1 and the House of Delegates voted 82-16 to pass the bill April 12, the final day of the session.
A typical data center is 500,000 square feet, packed tight with computers, and uses a lot of electricity. “Microgrid” is the term used to describe generating facilities that operate without connecting to the normal electric grid. The Senate Finance Committee discussion on HB 2014 indicated that the state is hoping to attract hundreds of data centers to locate in West Virginia.
HB 2014’s creation of “microgrid districts” provides a way to bypass the lengthy permitting process that would otherwise be required to build generating capacity and build transmission lines to deliver electricity to these data centers through the public grid.
HB 2014 also prohibits local governments from enforcing zoning regulations on the data centers and power generating facilities once the state has “certified” the project. This certification process will be handled by a new state office in the Commerce Department’s Division of Economic Development. The details of how and when this certification process takes place (and when local control ends) is expected to be hammered out during the legislative rulemaking process that begins after the Governor signs the bill into law.
One thing that HB 2014 does make clear is that a significant portion of the incremental property tax revenues generated by “high-impact data centers” and microgrids will be directed to the state (see graphic). The threshold to qualify for the ‘high-impact” designation is one or more facilities requiring 90 megawatts of power. Given that a single modern data center can require 100 megawatts or more, it appears that most of the projects coming to West Virginia (including the ones planned for Kearneysville) will fall under this new property tax formula.
>>>Read more...
A message from Harpers Ferry School of Massage
Harpers Ferry School of Massage is now enrolling our next class in the 8-month massage therapy licensure program, beginning on June 16. Our hands-on training, expert instruction, and supportive community prepare you for a fulfilling career in health and wellness. If you’re thinking about becoming a licensed massage therapist, this is your moment. Learn more at HarpersFerrySchoolOfMassage.com.
Mobile Food Pantry Serves Growing Needs
Mark Peiffer recently spoke with The Observer about Community Markets, a local non-profit now in its fourth year of working with local farmers to provide food support to people in need. As Peiffer described it “it’s about getting more food grown locally, and getting nutrient-dense food to people that would otherwise not be available to them.”
According to Peiffer, Community Markets serves 10 counties in the Eastern Panhandle of West Virginia. Since the beginning of 2023, the organization has provided 134 thousand pounds of food to 12,300 people in its service area. He estimates that equates to over $300,000 in business for the local farmers and small businesses from which Community Markets sources its food.
Peiffer says he works closely with the other local organizations that run food pantries in Jefferson County. One of the Community Markets programs is a food box that they deliver at the end of each month. According to Peiffer, the intent of this program is to bridge the gap as household funds run short at the end of the month.
Community Markets also operates a farmers market every Thursday from 5:00 to 6:30 pm on the grounds of St. James Catholic Church (49 Crosswinds Dr, Charles Town). Both the food box program and the farmers market rely on volunteers — Peiffer says he welcomes all the help he can get.
>>>Read more...
Easter Egg Fun Around Jefferson County
On the hunt for some family-friendly activities this weekend?
On Saturday, April 19, the Shepherdstown Centennial Lions Lions Club will host a Breakfast with the Easter Bunny at the Blue Moon cafe (200 East High St, Shepherdstown). Children ages 3 and under are free; children ages 4-12 are $5 each; and adults (13 years and older) are $10 each. No tickets are necessary, just pay at the door. More info…
The volunteers organizing the Shepherdstown Easter Egg Hunt say they will have 3,000 eggs stuffed and ready to find, courtesy of help from the Community Club, Bistro 112, Shepherds Blessings, and Shepherd University students. The hunt will take place on the McMurran Hall lawn on Saturday, April 19. Plan to arrive at 10:00 a.m. for staggered start times by age groups. More info…
The Middleway Volunteer Fire Company is organizing a one-stop event on Saturday, April 19 with a breakfast with the Easter Bunny from 9:00 to 11:30 am. Cost is $8 (ages 3 & under free). The Easter egg hunt will begin at 11. More info…
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