Published: July 07, 2009 11:08 pm      

Ronceverte threatens legal action over annexation

RONCEVERTE — If Greenbrier County Commissioners continue to drag their feet in taking action on an annexation petition, they may face legal action. Twice in June the commission failed to vote on Ronceverte’s petition to annex the Organ Cave community.

Monday evening Ronceverte City Council reiterated support for the measure, authorizing the city’s attorney to pursue legal remedies if the county’s governing body does not promptly certify the petition.

State law gives counties no power to reject a city’s annexation bid, nor does it apparently give a deadline by which the petition must be certified.

The issue is not on the agenda for Thursday’s special county commission session, according to Hubert Brooks in the Greenbrier County Clerk’s office. The agenda for next Tuesday’s regular session has not yet been finalized.

Ronceverte officials voted to continue the annexation battle over the objections of many in the audience at Monday’s city council meeting.

Representing a group of Organ Cave residents opposed to the annexation, attorney William Turner asked council to rescind the annexation petition, pointing out the county planning commission last month revoked the Stoney Glen development’s subdivision permit. Stoney Glen’s owners requested annexation, which led council to seek to further expand the River City’s limits to encompass all of Organ Cave.

Turner argued that the petition filed by the city is no longer valid, as it refers to the Stoney Glen Subdivision, which no longer exists, rather than describing the property by metes and bounds.

He also urged council to look at the Department of Environmental Protection’s investigation of possible violations by Stoney Glen.

“It’s better to straighten up a mess before it gets started,” Turner said.

Attorney Jesse Guills countered, “There are DEP issues, and I can assure you they are being addressed.” Guills represents West Virginia Farm Properties LLC, the principal owner of Stoney Glen.

Organ Cave resident Robert Doering touched upon the DEP investigation, claiming WVFP has already missed two response deadlines.

He also brought up a civil court action taken by S.J. Neathawk Lumber Inc., to enforce a mechanic’s lien against WVFP and one of the corporation’s officers, William L. Sharp. Neathawk filed an amended petition to enforce the lien on June 17, citing $14,695.47 in unpaid bills for “materials, goods and services.” The petition seeks a sale of WVFP’s real estate to satisfy that lien, interest, costs and any other outstanding liens that may exist.

“I can’t believe Ronceverte wants to get tied into this,” Doering said.

He also cited expenses the city will incur due to the increased size of its boundaries. He said the police force will need to expand, as will snow removal capabilities. Water line maintenance is another expense Doering mentioned.

“The people of Ronceverte must really like paying taxes,” he said.

Council’s discussion of the issue took place behind closed doors, during a 35-minute executive session. A quick vote to pursue legal action was taken once council reconvened in public, leaving many in the audience unsure of just what had occurred.

After council adjourned for the evening, former City Attorney Perry Pauley, who was included in the executive session, reiterated the city’s position to those who raised questions.

“Shame on you,” one woman exclaimed to council as she exited the room.

— E-mail: talvey@register-herald.com