Bridgeport City Council reviews TIF lawsuits with opposing rulings from state and federal courts

wboy.com - Apr 13, 2026 - Allen Clayton

Bridgeport City Council held a special session Monday ahead of its regular meeting to review ongoing legal disputes involving the city’s tax increment financing (TIF) districts and to consider a property transfer connected to the Bridgeport Conference Center.

During the session, council members addressed two active lawsuits tied to the Charles Pointe development and the use of TIF funding. The first case involves developer Genesis Partners and is filed in federal court seeking confirmation that a 15-year extension of a TIF district is legally valid. The extension was authorized under a 2023 change to West Virginia law.

“We have, sort of have conflicting decisions out of the federal district court and Kanawha County Circuit Court, with respect to certain competing claims regarding the TIF amendment and the constitutionality of it,” Bridgeport City Attorney John Ashcom, Jr. said. “At the federal level, Judge Kleeh has ruled that if the city has a contract with Charles Pointe, that it was not substantially apparent and therefore could not have violated the contracts clause of the federal constitution, as well as the state constitution. Judge Lindsay, in the Circuit Court of Kanawha County on the other hand, determined that there was a contract represented by the MOU between the city and Genesis Partners. That contract was substantially apparent, and it violates the contracts clause of the West Virginia Constitution.”

Members of council also discussed a separate legal challenge against Michael Graney, which questions the legality of that same state law. City officials maintain that the legislation could interfere with municipal authority over TIF districts and potentially delay when the city can begin collecting full property tax revenues from the Charles Pointe development. In both cases, the West Virginia Supreme Court could weigh in on the Charles Pointe TIF issue if the rulings are appealed.

In addition to the legal matters, council reviewed an agreement and deed transfer involving the Bridgeport Conference Center. Specific terms of the transfer were not detailed during the session or meeting.

“The bond has been paid in full. The way the agreement read, you know, we invested in a tourism-related function as allowed by state statue utilizing some of the hotel-motel taxes. So, you know, the original agreement, Charles Pointe donated the property, the city through the building and development authority sold the bonds and constructed the facility with the intention that we use that as a conference center,” Bridgeport Interim City Manager Joe Shuttleworth said. “There are some restrictions that it has to remain in use as a conference center for the life of the facility, and that is a deed restriction that’s placed on the deed. So, we feel that the developer and Charles Pointe have fulfilled their duties to operate it for the last 20 years as a vibrant facility for the city.”

No final action was taken on the lawsuits during the special session. Council members indicated that both legal matters remain ongoing as the city continues to monitor developments in court.

Town of Barrackville kicks zoning ordinance approval to after election

Times West Virginian - Apr 10, 2026 - Esteban Fernadez

Barrackville is having a unique problem no other town in the state is having, according to Mayor Ted Glance.

Passing a zoning ordinance.

“It’s like I explained to a concerned citizen a little bit ago,” Glance said. “It’s just trying to make the town more livable.”

The town wants to implement a zoning ordinance to bring some logic to how buildings are arranged throughout town. One instance that may have benefitted from zoning regulations was a dispute over an empty lot on Rice Street.

According to Alex Neville, a member of the town’s planning commission, a developer bought the land and built a multi-tenant dwelling between two homes. Residents in the area were not pleased, he said.

“It was somewhat of a shock to the town that, that could happen,” he said. “Now, I can’t say that there’s been any incidences there, issues with the apartment building or the management. But, it’s out of place.”

Another instance where zoning laws might have prevented a headache is with the covered bridge itself. The town’s covered bridge is an historical landmark and beneficiary of an annual festival that celebrates it. There’s also a storage facility composed of several hundred units nearby that clashes with the vibe of the bridge.

“It detracts from the historic nature of it,” Neville said. “And it limits what the town could have possibly done to help promote that bridge.”

He said zoning regulations would not only help guide growth while keeping the quaint character of the town, it would also enable code enforcement. The town has dilapidated properties that Neville wants to tap into federal monies for demolition purposes.

“Times are changing,” he said. “The citizenry is changing and with that change, Barrackville needs to change. We need to be ahead of the curve and right now, we’re behind it.”

Bob Pirner, former president of the Barrackville Planning Commission, said in a Facebook post that the town’s comprehensive plan had identified zoning as a top priority. The town spent six years and thousands of dollars working in concert with the West Virginia University College of Law Land Use Management Section to come up with its zoning plan.

However, at its March town council meeting, Council Members Mark Anderson, Tim Mallonee and Ricky Stuckey voted the measure down. According to Glance, Council’s reasoning for voting against the zoning measure was that council members felt it would be appropriate for residents to vote directly for the measure. Glance indicated council members felt there hadn’t been enough public input taken for the measure.

However, Pirner had sent a survey to the community as part of the draft process for the ordinance.

“Eighty percent of the people were in favor of the zoning,” Glance said. “That’s why they proceeded.”

Glance said had public opinion been against a zoning ordinance on the survey, the Planning Commission wouldn’t have moved forward with it. Pirner said on Facebook that during the six years planning commission worked on the ordinance, they hosted multiple community listening sessions and had residents with specific questions present at those meetings. Commission members also had one on one interactions with residents.

“To suggest there was not enough community input is a misguided statement,” Pirner said. “If the community had not wanted zoning, we would not have moved forward.”

Glance added that disputes had arisen during the drafting process, but those discussions ended in solutions that satisfied all parties. Those solutions were integrated into the final version.

Anderson, Mallonee and Stuckey could not be reached for comment. Glance and Pirner both said WVU officials indicated sending a zoning ordinance out for a general referendum was something they had never encountered before to their knowledge.

A pair of new public hearings on the ordinance had been set for April 7, but a quorum was not available after some council members didn’t attend the sessions. During town council later that evening, Glance decided to table the ordinance for the time being and let the new town council deal with the issue after the election in June.

Glance added a zoning ordinance is not the same thing as creating an homeowner’s association. Zoning does not tell residents what type of house can be built, but where, so the town can maintain some semblance of organization. It would also help with the blight of trucks parked on residential lawns, he said. He said the town will establish a zoning commission to ensure zoning is implemented smoothly.

“We had public hearings where we answered questions and nobody said, ‘put it on the ballot, vote it up or down.’” Glance said. “My position as mayor was that’s why you’re elected. This is an ordinance. Not a constitutional amendment.”

Greenbrier Co. Commission reworking zoning ordinance after residents raise concerns

wvnstv.com - Mar 11, 2026 - Cameron Gunnoe

Local residents have made their voices heard regarding a recently proposed Greenbrier County zoning ordinance.

Members of the Greenbrier County Commission have been reworking the recently proposed ordinance after criticism from local residents. Some said the changes would negatively impact local farmers and small business owners. Many business properties would be zoned as residential under the ordinance, according to locals. Commissioners said they are doing their best to meet the needs of everyone in the community.

“I know we won’t ever make everyone happy, but we have to try to do what is best for the majority,” said Commissioner Ritchie Holliday. “We are working on it diligently.”

Commissioner Holliday explained that changes implemented included conditional use authorization for various businesses and recreational services in the area.

The number of changes to the ordinance was so substantial that commissioners said another public hearing will be required before the updated ordinance can be approved.

“We originally didn’t think we’d have to do another public hearing, but we’ve made so many changes that it requires a public hearing,” said Commission President, Lowell Rose. “We’ll schedule another public hearing at a later date.”

Rose said an updated ordinance would be made available online. A public meeting to discuss the ordinance changes will be scheduled once the updated version has been made available to members of the community.