07/17/2025
Jefferson County Foundation and 11 Middleway property owners were granted Intervenor status from Judge Cohee in Jefferson County Circuit Court on Tuesday, July 15. The decision now allows the property owners and JCF participate in Sidewinder's attempt to overturn the Jefferson County Planning Commission’s rejection of the concept plan for the groundwater bottling facility at the old 3M plant.
The hearing centered around whether the owners and JCF had a right to participate in the case to defend their own interests, which the Court agreed were different than the Jefferson County Planning Commission’s interest. JCF’s attorneys presented two witnesses who testified about the impact the water bottling plant may have on their property and interests and also called the President of the Foundation about what JCF’s role is in this case. JCF’s attorneys successfully argued that the Foundation and property owners had a right to defend their own interests. Based on the Foundation’s motion to dismiss, Cohee also decided that the proceedings would focus first on the “writ of certiorari,” which means the Judge will review the record created before the Planning Commission when it rejected the bottling plant to see whether it supports the Planning Commission’s decision. The other claims by Sidewinder against the county (mandamus, open meetings act violations, etc.) will not be decided until the Judge reviews the record of the Planning Commission’s decision.
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