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Putnam County Commission accepts settlement to partially rezone Valcourt Farms parcels
Summary
The commission voted Jan. 27 to accept a settlement that would rezone portions of Parcels 50.8 and 51 to C‑2 commercial and leave other areas as rural residential; the agreement will be submitted to the Circuit Court of Putnam County for approval. The action resolves a mandamus lawsuit filed after the commission denied the developer’s rezoning request.
PUTNAM COUNTY, W.Va. — The Putnam County Commission voted Jan. 27 to accept a proposed settlement in litigation that challenges the county’s denial of a rezoning application filed by Valcourt (Vaticourt) Farm Limited Partnership.
County attorney Larry told commissioners that Valcourt originally sought to rezone two parcels (filed Feb. 21, 2023) from rural residential (RR) to C‑2, high‑density commercial, and that the county denied the request following a public hearing on Jan. 31, 2023. Valcourt then filed a writ of mandamus in circuit court on March 15, 2023. Larry said the settlement narrows the developer’s original rezoning request.
Under the agreement the commission accepted, Parcel 50.8 would be reclassified to C‑2 with a 50‑foot setback along the south‑easterly boundary adjacent to Hurricane Creek. The north portion of Parcel 51 would be rezoned to C‑2 while the southerly portion of that parcel would remain RR. The settlement requires the commission to present the agreement to the Circuit Court of Putnam County for judicial approval before it becomes final.
Mark Sadd, counsel for Valcourt Farms, told the commission his client concurs with the settlement and prefers resolution by agreement. Counsel for intervenor Mark Linton Reed and intervenor counsel Tim Lafond were present and, according to county counsel, did not object to the proposed terms.
Sadd cited a recent state court decision — referenced in the record as the Calvary Baptist Church matter — for the proposition that a comprehensive plan can support rezoning when a landowner’s requested use aligns with the county’s stated future land use. "We filed this writ of mandamus because we believe the landowner was entitled to the rezoning recommended by the planning commission and consistent with the comprehensive plan," Sadd said.
Commissioner Ellis moved to accept the settlement agreement and the commission president seconded the motion. The motion passed by voice vote.
Next steps: the commission will submit the signed settlement to the circuit court for review and approval before any rezoning changes take effect.
