Commission declines to dissolve West Milford today, asks town to provide debt and asset records

The Harrison County Commission declined to dissolve the town of West Milford at Wednesday’s meeting and directed town officials to provide documented financial information so commissioners can evaluate a petition filed under West Virginia Code §8‑35‑1.

Public commenters, including Dawn Myers, argued several legal defects in West Milford’s governance and cited state law language about forfeiture of incorporation for specified failures. Town representatives and commenters including Todd Summers and Patty Flowers described ongoing public-works projects—water and park improvements—and disputed claims that the town had forfeited its charter.

Staff advised the commission that §8‑35‑1 (forced dissolution of a municipality) contains disjunctive language and only operates if the town has no “substantial indebtedness,” but the statute does not define that term. Staff reported that the town has approximately $500,000 in debt connected to a water project and a roughly equal grant expected for the same project; staff said it was up to the commission to decide whether that constitutes “substantial indebtedness.”

Commissioners voted to postpone dissolution, request West Milford provide audits, debt schedules and asset lists (covering at least the prior two years), and to schedule a work session in two weeks to review the materials. Commissioners asked that the town submit the requested documents a few days before the work session to allow review time. A second motion recorded on the floor was a substantive vote to not dissolve West Milford that day; the chair announced the motion carried.

The commission recorded no final legal determination on the petition at the meeting; instead it set a process to gather financial records and hold a work session before making a decision under the statute.