CHARLES TOWN, W.Va. — In what has been called a win for historic preservation in West Virginia, a Jefferson County judge on Monday upheld the county planning commission’s rejection of Sidewinder Enterprises’ proposal to build a water bottling plant and pipeline in the historic village of Middleway.
After nearly four hours of arguments among attorneys for Sidewinder, the Jefferson County Planning Commission, and citizen intervenors, Circuit Judge Bridget Cohee ruled that the commission “acted appropriately” when it denied the Mountain Pure concept plan earlier this year.
Cohee affirmed that the commission has the authority to reject proposals at the concept-plan stage when they do not meet zoning requirements.
Her ruling echoed major concerns raised during the review process. Cohee cited the Jefferson County Historic Landmarks Commission’s assessment that heavy industrial traffic could damage historic properties and that excavation for the proposed pipeline could disturb unmarked Civil War–era graves.
She also agreed with warnings that Sidewinder’s plan to withdraw more than one million gallons of groundwater daily from production wells at Lake Louise could result in regional drawdown, threatening nearby properties and residential wells.
The decision follows months of legal maneuvering, including an initial hearing in July and a prominent 4-2 vote last week in which the planning commission rejected a proposed settlement with the company. Monday’s hearing drew a sizable crowd to the small courtroom, where audible sighs of relief spread after Cohee announced her ruling.
Among those celebrating was Danielle Parker, executive director of the Preservation Alliance of West Virginia. “This is a big win for West Virginia and historic preservation!” Parker said after the hearing, noting that Middleway’s unique landscape, archaeological resources, and early settlement history faced serious risks under the proposal.
Several planning commissioners and two county commissioners attended the hearing, including Cara Keys, the Jefferson County Commission’s representative on the planning commission. Keys has led both major votes on the Mountain Pure proposal: the March 11 denial of the concept plan and last week’s rejection of settlement negotiations.
“This decision affirms the planning commission’s ability to deny projects that are in direct violation of our zoning ordinances in the interests of public good,” Keys said. “I would like to thank my fellow planning commissioners who have worked so hard for this community in good faith regarding this matter.”
About Middleway, West Virginia
Middleway is a historic unincorporated community in Jefferson County, West Virginia, located between Charles Town and Martinsburg in the state’s Eastern Panhandle.
Settled in the early 1730s, the village is one of the region’s earliest European-established communities and is listed on the National Register of Historic Places as the Middleway Historic District.
Originally known as Smithfield, Middleway town developed as a crossroads settlement serving travelers along the early roads connecting Winchester, Virginia, with the Potomac River. Middleway flourished as a commercial center in the late eighteenth and early nineteenth centuries, supporting taverns, mills, blacksmith shops, and small industries.
Its rich folklore is tied to the “Wizard Clip,” a legendary series of unexplained events recorded in local tradition and associated with the town’s early Catholic presence.
Architecturally, Middleway preserves a significant collection of eighteenth- and nineteenth-century buildings, including stone and brick residences, log structures, and vernacular commercial buildings.
The district reflects a blend of German, English, and Scots-Irish influences typical of the region’s early settlement patterns. Its intact streetscape and rural setting contribute to its distinction as one of West Virginia’s most historically significant villages.
About historic preservation in West Virginia
Rooted in efforts that began in the mid-twentieth century, historic preservation in West Virginia is shaped by its diverse historic landscapes, including early frontier settlements, industrial sites tied to timber and coal, and significant Civil War locations.
Statewide coordination began in 1967 with the creation of the West Virginia State Historic Preservation Office within the W.Va. Department of Arts, Culture, and History. The office administers programs under the National Historic Preservation Act, including the National Register of Historic Places, survey and inventory initiatives, preservation grants, and rehabilitation tax credits.
Today, more than 1,000 properties and districts across West Virginia are listed on the National Register.
Nonprofit organizations have played a central role in preservation advocacy and public engagement. The Preservation Alliance of West Virginia, founded in 1982, serves as the state’s leading nonprofit preservation organization.
The alliance provides technical assistance, education, listings of endangered properties, and partnerships that support community-led revitalization efforts. Its West Virginia Endangered Properties List has become a major tool for drawing attention to at-risk resources ranging from industrial complexes to historic schools and rural landscapes.
Preservation in West Virginia often intersects with heritage tourism, economic redevelopment, and environmental conservation. Projects in towns such as Harpers Ferry, Shepherdstown, Charleston, and Lewisburg demonstrate how rehabilitated historic districts contribute to downtown revitalization and growth in tourism. The state’s industrial heritage, particularly coal and rail, has also gained attention through adaptive reuse and interpretive initiatives.
Together, state agencies, local governments, nonprofit organizations, and community groups continue to shape a preservation movement that reflects West Virginia’s distinctive historical narrative and its reliance on heritage as a cultural and economic asset.
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