Sidewinder Loses in Court, Summit Point Rejected By CTUB
Published 15 days ago • 9 min read
Observer Weekly
November 13, 2025
Jefferson County, WV news & events
Jefferson County’s water supply is in the news again this week. Circuit Court Judge Cohee rejected the water bottling companies legal arguments and the Charles Town Utility Board passed on an opportunity to apply for a state grant.
Planning Commission Prevails Over Sidewinder In Court
The intervenors from Middleway gathered outside the courthouse after the hearing (pictured left to right): William White Grantham, Margaret Liskey, David Liskey, Billie Garde (JCF), Lynn Delles (JCF), Natalie Grantham Friend, Stacy Chapman, Dr. Christine Wimer (JCF), Barbara Smith, Tim Smith. Not pictured: Kerry Lynn Grantham, Phyllis Grantham, William E. Hewitt, Mary Lind, Andrew Upwright.
Following a three-hour hearing on Monday, November 10, Circuit Court Judge Bridget Cohee ruled in favor of the Planning Commission in the case of Sidewinder LLC vs. Jefferson County Planning Commission. The ruling blocks, at least for now, Sidewinder’s efforts to build a water bottling plant in Middleway.
Judge Affirms Planning Commission’s Decision
The morning-long hearing was focused on Sidewinder’s petition for "certiorari" — basically its request that the Circuit Court decide whether the Planning Commission’s decision was correct.
The Jefferson County Foundation and 11 residents of Middleway were granted intervenor status in this case. In addition to the research presented during the Planning Commission meetings, the Foundation also filed an extensive legal brief and its attorney presented the key arguments in support of the Planning Commission during the November 10 hearing.
Following the oral arguments and rebuttals, Judge Cohee agreed with all of the main points presented by the attorneys for the Planning Commission and the intervenors:
The Planning Commission was correct in denying the Mountain Pure concept plan
The Planning Commission has the authority to review decisions made by its staff
The Planning Commission properly referenced its reasons for why the Mountain Pure concept plan did not conform with the Jefferson County zoning ordinance
The purpose of the zoning ordinance is to protect the health, safety, and welfare of the present and future population of Jefferson County
Sidewinder’s Other Claims Dismissed
Judge Cohee also dismissed two other petitions submitted by Sidewinder, finding that they were moot based on her findings on the “certiorari” petition. She also dismissed Sidewinder’s claim that the Planning Commission had violated the WV Open Governmental Meetings Act, finding that the notice of the March 11 meeting was sufficient, regardless of whether it was called a workshop or a public hearing.
Reactions From Participants
County Commissioner Cara Keys, who also serves as the Commission’s designated representative on the Planning Commission, said afterwards that “this decision affirms the Planning Commission's ability to deny projects that are in direct violation of our Zoning Ordinances in the interests of public good. I would like to thank my fellow planning commissioners who have worked so hard for this community in good faith regarding this matter.”
In a statement issued after the hearing, the Jefferson County Foundation said “We’re grateful for the outcome today and the thoughtfulness and care the Court showed the intervenors and this case. We appreciate the efforts that the Planning Commission made to listen to the community and defend their decision. The other intervenors are relieved their thoughts on this matter were heard and we appreciate the bravery they showed in standing up for their community’s well-being.”
The attorneys for Sidewinder declined to comment following the hearing and the company did not respond to The Observer’s emailed request for comment.
The Legal Battle May Continue
Judge Cohee said she would be preparing a written final order that includes her findings of fact and conclusions of law. Once that document is filed, Sidewinder will have 30 days to file an appeal with the West Virginia Intermediate Court of Appeals.
The Observer has been covering this story since Sidewinder first announced its plans in November 2024 (read more…)
A message from West Virginia American Water
CTUB Questions Grant For Summit Point Facilities
During its November 12 meeting, the Charles Town Utility Board (CTUB) discussed whether it should apply for a West Virginia grant that would fund the design and construction of a water and sanitary sewer system for the Summit Point Motorsports Park & Training Facility (Summit Point MP/TF). The board tied 2-2 on the vote, so it was unable to proceed with the grant application.
Summit Point Motorsports Park & Training Facility (courtesy photo)
The WV Economic Development Office is offering a special-purpose grant that could cover the full project cost for a new water and sewer system (with no investment required from CTUB). The proposal on the table for the November 12 meeting was to initiate the application process.
During the discussion, several board members appeared to be unclear about the background of the proposed project, the specifics of the grant and the grant process itself. At least two of the board members expressed concern that just applying for the grant would somehow expose CTUB ratepayers to additional expense.
According to Kristen Stolipher, CTUB’s general manager, the approval to apply for the grant would be just the first of several steps, each with an opportunity for the board to review and approve (or decline), before CTUB had any commitments to proceed with the project.
Jeff Johnson, president of Summit Point MP/TF, said after the meeting that “it’s not clear how we can proceed if CTUB is not the sponsor” to apply for this grant. He remarked in a follow-up conversation that “we want to be a good neighbor and contribute to the growth of Jefferson County. There are many county and state officials who have indicated their support for this project and we hope that CTUB can revisit its decision.”
Local artists’ paintings from the collection of longtime Shepherdstown residents Ed and Helen Moore will be sold at the gallery Nov. 15 – 22 with proceeds benefitting Jefferson County Animal Welfare as well as Shepherdstown Shares.
Featured artists include Robin Young, Diana Suttenfield, Connie Dodd and Peg McNaughten.
An informal reception to kick off the pop-up sale and meet the donors will take place on Sat., Nov 15. 3-5 PM. Everyone welcome!
The Bridge Gallery is located at 8566 Shepherdstown Pike just past (O’Hurleys) and offers art, framing, design and installation services.
304-876-2300
County Parks & Recreation Adds New Adaptive Programs
photo courtesy Jefferson County Parks & Recreation Commission
Jefferson County Parks & Recreation has added several adaptive programs in its winter schedule, starting in January.
Heather Chapelle, one of Parks & Rec’s recreation coordinators, says that the organization has offered a few adaptive programs over the past several years. Based on the success of those events, they wanted to expand the offerings for neurodivergent and disabled children this year. She said the new programs were designed after getting suggestions from staff and feedback from the community.
All of the events require pre-registration at JeffersonCounty.myrec.com (click on each program name for a direct link):
Adaptive Creative Expression: 4 sessions (Jan 16, Feb 6, Mar 13, Apr 24). These sessions will be a welcoming, neurodivergent-friendly arts experience. Designed for children (ages 5 - 17) with disabilities and their caregivers, the program will explore imagination, art, music, movement, and theater. The adaptive programs are listed at the bottom of the registration page.
Social Squad Vibe: 4 sessions (Jan 16, Feb 6, Mar 13, Apr 24). These sessions will focus on helping neurodivergent teens ages 13–18 strengthen communication, teamwork, and confidence through shared, hands-on experiences.
Adaptive Soccer: 1 session (Mar 6). A two-hour adaptive soccer clinic designed for children with disabilities. The clinic will focus on basic soccer skills, teamwork, and active play.
Chapelle says Parks & Rec hope to expand the adaptive offerings in the future, depending on the interest they see this winter. Scholarships are available and Chapelle says that Parks & Rec welcomes business and community sponsors for these programs. For details about both scholarships and sponsorships, email info@JCPRC.org.
Sensory Santa Party
There are still spots available for the Sensory Santa Polar Party on December 13 according to Chappelle. This event requires pre-registration (no tickets at the door). The event will include a meet & greet with a Sensory Certified Santa (don’t forget your camera!), cupcake decorating, indoor snowball fun, a build-a-polar-bear and other fun activities.
A message from the Shepherdstown Opera House
The Opera House Sip & Screen Series
Enjoy the best of Shepherdstown — walk around the historic downtown, visit our shops, enjoy a good meal, and relax with a movie. No charge for admission and our lounge will be open, serving popcorn, snacks, soft drinks, plus beer & wine (with ID).
Highlights of upcoming events around Jefferson County:
Rude Mechanicals present Macbeth — Shakespeare’s classic tragedy of ambition and fate performed by Shepherd University’s Rude Mechanicals. Studio 112, 92 West Campus Dr, Shepherdstown. Thursday–Saturday, Nov 13–15, 7 pm and Sunday, Nov 16, 3 pm. $ Tickets & Info…
The King of Little Things — A children’s play celebrating the small wonders that make life meaningful. Shepherdstown Public Library, 145 Higbee Lane, Shepherdstown. Friday, Nov 14, 2 – 2:30 pm. Free. Info…
A Night For Neighbors — Fundraising dinner and entertainment to benefit the Jefferson County Community Ministries. Moose Lodge, 77 16th Street, Ranson. Friday, Nov 14, 6 – 10 pm. $ Tickets & Info…
Little Women 2: Wrath of the Undead — A comic and spooky retelling of Little Women as a bedtime story gone wrong. Black Box Arts Center, 113 South Princess St, Shepherdstown. Friday–Sunday, Nov 14–16, multiple times. Appropriate for ages 8 and up. Free. Info…
Sip & Screen at the Opera House — Enjoy a beverage and a free film screening at the Shepherdstown Opera House. Film title available by signing up for email list at OperaHouseLive.com. 131 West German Street, Shepherdstown. Friday, Nov 14, 7:00 pm. Free. Info…
The Great Ghost Scavenger Hunt — Halloween-themed scavenger adventure for all ages through downtown Charles Town. Saturday, Nov 15, noon. Free. Info…
Endless Pawsabilities Gala — Fundraising dinner and auction benefiting To The Rescue and Rescue Me WV. Hollywood Casino at Charles Town Races, 580 E 5th Avenue, Charles Town. Saturday, Nov 15, 5 – 10 pm. $ Tickets & Info…
Turning Pointe Dance Company presents Giselle — A romantic ballet performed by local dancers of the Turning Pointe Dance Company. Frank Arts Center, 260 University Drive, Shepherdstown. Friday, Nov 15, 7 pm and Saturday, Nov 16, 2 pm. $ Tickets & Info…
Handmade Christmas Market — Local artisans present holiday gifts, crafts, and seasonal goods. War Memorial Building, 102 E German Street, Shepherdstown. Saturday, Nov 15, 11 am – 5 pm. Free. Info…
Cornhole for a Cause — Tournament fundraiser supporting the Boys & Girls Club of the Eastern Panhandle. Amani Brewing, 654 Ropp Dr, Martinsburg. Saturday, Nov 15, noon – 4 pm. $ Tickets & Info…
Cacapon Short Film Festival — Screening of short films focused on the Cacapon River and local environment. Star Theater, 137 N Washington Street, Berkeley Springs. Saturday, Nov 15, noon – 3 pm. Free. Info…
Jazzbury — Jazz concert featuring the Howard Burns Quartet and dinner fundraiser hosted by Asbury United Methodist Church. 4257 Kearneysville Pike, Shepherdstown. Saturday, Nov 15, 6:30 – 10 pm. $ Tickets & Info…
Two Rivers String Quintet — Chamber performance featuring “double cellos” presented by Friends of Music. Trinity Episcopal Church, 200 W German Street, Shepherdstown. Saturday, Nov 15, 7:30pm. $ Tickets & Info…
Live Music: Scuffletown — Acoustic roots and blues duo live on stage at the Shepherdstown Opera House, 131 W German Street, Shepherdstown. Saturday, Nov 15, 8 pm. $ Tickets & Info…
Sip & Screen at the Opera House — Enjoy a beverage and a free film screening at the Shepherdstown Opera House. Film title available by signing up for email list at OperaHouseLive.com. 131 West German Street, Shepherdstown. Sunday, Nov 16, 3:00 pm. Free. Info…
Composition Concert — Student composers premiere new works at Shepherd University. Frank Arts Center, 260 University Drive, Shepherdstown. Tuesday, Nov 18, 7:30 pm. $ Tickets & Info…
Covenant Food Pantry — Monthly food distribution serving local residents. 7485 Shepherdstown Pike, Shepherdstown. Thursday, Nov 20, 3 – 4 pm. Free. Info…
St. Isidore Thanksgiving Market — Affordable locally-grown food co-presented by St. Isidore Market and Community Markets Inc. for the Thanksgiving season. 49 Crosswinds Dr, Charles Town. Thursday, Nov 20, 5 – 6:30 pm. Free. Info…
Third Thursday Open Acoustic Jams — Monthly community jam session welcoming local musicians. Barn of Rose Hill, 95 Chalmers Court, Berryville, VA. Thursday, Nov 20, 5 – 8 pm. Free. Info…
Wind Symphony Concert — Performance by the Shepherd University Wind Symphony. Frank Arts Center, 260 University Drive, Shepherdstown. Thursday, Nov 20, 7:30 pm. Free. Info…
The Jefferson County Emergency Services Agency offers First Aid, CPR and babysitting certification classes year-round. All classes are held at the JCESA station at 419 Sixteenth Ave in Ranson. The next sessions are:
Nov 18 - Community CPR & Stop the Bleed (6 - 9 pm)
Dec 9 - Community CPR & Stop the Bleed (9 am - noon)
In last week’s story on the Planning Commission, J Ware was noted as a “yes” vote to accept the Sidewinder settlement proposal. According to Mr. Ware, he did not raise his hand during the vote.
Every week, The Observer digs into the details that matter in Jefferson County. Our content is free for everyone to read, but producing well-researched local news isn’t free.
