Planning Commission Denies Sidewinder
Note: This article was originally published in the Shepherdstown Chronicle on November 21, 2025 under the title Planning Commission Denies Sidewinder
On November 5 the Jefferson County Planning Commission rejected a proposal from Sidewinder LLC, which proposes to build a water bottling plant near the historic village of Middleway, to settle Sidewinder’s lawsuit against the Planning Commission.
Commissioner Cara Keys moved to refuse to accept Sidewinder’s offer, and Commissioner Dan Hayes seconded. Debate lasted about ten minutes.
There is some confusion about the vote. Commissioners Wade Louthan and Donnie Fisher voted in favor of the motion to reject the offer. Commissioner J. Ware is apparently recorded as also being in favor, but some in the audience thought he voted against the motion.
Kudos to all who voted for the motion. I think they did Jefferson County right. The deal offered to the Planning Commission was to my mind worthless. It amounted to very little retreat from Sidewinder’s original position, and therefore didn’t constitute a serious compromise offer.
For example, Sidewinder proposed reducing the maximum amount of groundwater it would take from Jefferson County’s aquifer to 1.45 million gallons per day, down from 1.7 million. And Sidewinder said it would reduce the heavy truck traffic in Middleway from 165 runs per day to about 150 per day.
I’m compelled to observe, from this and other meetings I’ve attended recently, that the Planning Commission’s meetings are very poorly run. Some of the Planning Commission’s members have very soft voices, and the sound system they’re using makes it difficult to hear what they’re saying. Plus, the meetings don’t follow any “rules of order” of which I’m familiar. Much of a meeting sounds to me like a group of people in a large living room having informal conversation. Public meetings should not be run this way.
There were close to 150 people attending this meeting. Almost all were strongly opposed to the Planning Commission agreeing to settle the lawsuit with Sidewinder. Most were respectful of the members of the Commission, but a few were outright rude. Being rude to someone is not an effective way to persuade that person to vote the way you wish.
The situation may have been somewhat exacerbated by the sloppily-run nature of the meeting. I got the impression that some of the folks in attendance had no idea that the audience is not allowed to speak during an official meeting of the Planning Commission.
Moreover, the policy of the Planning Commission to not allow a period of “public comment” at the beginning of its meetings may have increased the frustration felt by many in the audience (almost all of whom still followed the rules). The Planning Commission allows public comment during “public hearings,” but does not allow it for “meetings.”
Some Planning Commission members favored capitulation, convinced Sidewinder would win the lawsuit. But on November 10 the judge ruled in the Commission’s favor. Sidewinder will certainly appeal, and it will likely be months before we know the final decision.
Again, I commend the Planning Commissioners who voted against Sidewinder. November 5 was a great day for Jefferson County, as was November 10.
