A battle over a new zoning ordinance in Jefferson County over in West Virginia’s Eastern Panhandle has hit the state Supreme Court, in the form of a public records lawsuit that has implications for government transparency across the state.
In a nutshell: The Shepherdstown Observer newspaper wants to know who signed a petition to get the new ordinance on the ballot for a Nov. 9 special election. County Clerk Jennifer Maghan, right, refused to provide the requested documents, and Circuit Judge David H. Sanders upheld that decision.
Now, the Observer has asked the Supreme Court to overturn Sanders and order the documents released. The newspaper is represented by Charles Town lawyer Stephen G. Skinner and WVU law professor Pat McGinley.
I’ve posted a copy of their Supreme Court petition, along with other documents and a copy of the underlying circuit court decision here.
I’m far from an expert on the growing controversy over zoning in Jefferson County. Just last week, the state Supreme Court overturned some 2005 amendments to the county’s zoning ordinance. Those amendments had tightened zoning restrictions by decreasing the number of lots allowed in some areas from 1 lot for every 10 acres to 1 lot for every 15 acres. Local officials aren’t sure now where that leaves them as far as what ordinance they should be enforcing. Last October, the county commission adopted a different zoning ordinance. But some residents began a petition drive to put that ordinance to a public vote — a move that could overturn the county commission’s action.
But all of that aside, West Virginians who care about the public’s access to government records should take note that, among several issues raised, is one major interpretation by Judge Sanders that — if allowed to stand — would allow state and local agencies to withhold from release any documents submitted to them.
In his Aug. 21 order, Sanders opined:
The West Virginia Supreme Court has plainly interpreted the definition contained in the West Virginia Code, finding that a public record must not only relate to the public’s business, but also must have been a record that was created by the public body in the first instance.






potential for decades. Some West Virginians have been thinking about this issue, too. In 2004, Gov. Bob Wise signed the
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