Lawsuit Aims to Delay Cacapon Park RV Project Hearing

Citizens in Berkeley Springs, West Virginia, have filed a lawsuit to postpone the April 18 hearing on the contentious Cacapon Park RV plan. The plan proposes the addition of 350 RV campsites and a theme-style amenities area at Cacapon State Park. The lawsuit alleges that the West Virginia Department of Natural Resources (DNR) failed to comply with legal notice requirements, resulting in inadequate public awareness.

According to the suit, Martinsburg Journal published the legal notice for the hearing twenty days prior to the meeting. However, the notice did not appear in the Morgan Messenger, the local newspaper in Morgan County. Additionally, the notice appeared on the state auditor’s website a mere four days before the scheduled meeting. The the lawsuit claims is insufficient.

The suit argues that if the DNR proceeds with awarding a contract based on this flawed notice, the public’s right to be heard will be permanently compromised. As a result, the lawsuit requests that the court cancel the April 18 hearing until the DNR adheres to the public notice statute and ensures compliance with laws protecting the public in future cases.

Opposition to the Cacapon Park RV plan has intensified. The Morgan County Commission, the Morgan Messenger, and local delegates have expressed their disapproval. A growing number of citizens have also voiced concerns, attending gatherings at the park to show their opposition to the development.

Attorney Larry Schultz, representing Morgan County resident Dale Kirchner, filed the lawsuit to hold the DNR accountable and protect citizens’ rights throughout the legal process.

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One response to “Lawsuit Aims to Delay Cacapon Park RV Project Hearing”

  1. Alison Carter Avatar

    BRAVO!