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"                      <p class=\"imgtitle\">Bastress</p>             MARTINSBURG &ndash; Jefferson County planners who issued a permit to develop 123 acres after the state Supreme Court of Appeals ordered them to issue it now seek a federal court order that would overturn the Justices and block construction.<br /><br />  The county planning commission sued in U.S. District Court at Martinsburg on June 26 for an order declaring the Supreme Court's order null and void.<br /><br />  Commissioners granted a permit last year but reserved the right to challenge the Supreme Court decision and rescind the permit.<br /><br />  Bob Bastress of Morgantown filed the complaint against developer Far Away Farms, but he mostly complained about the Supreme Court.<br /><br />  The Justices \"violated plaintiff's rights to due process of law as guaranteed to it by the Fourteenth Amendment to the United States Constitution,\" he wrote.<br /><br />  They shouldn't have ordered the planning commission to issue the permit, Bastress wrote, because the board of zoning appeals rejected it.<br /><br />  Far Away Farms sued the board of zoning appeals, he wrote, and the commission was not a party to the case.<br /><br />  The Court lacked personal jurisdiction and subject matter jurisdiction, he wrote.<br /><br />  \"Plaintiff never had an opportunity to participate in the proceedings that led to the Supreme Court decision,\" he wrote.<br /><br />  The commission never had an opportunity to address independently the merits of the permit application, he wrote.<br /><br />  He asked for judgment that the Supreme Court failed to provide the commission with any opportunity to state a defense.<br /><br />  He asked for judgment that the commission may rescind the permit and consider it on its merits.<br /><br />  He asked for an award of attorney's fees and costs.<br /><br />  The Supreme Court ruled in favor of the development in April 2008, finding that the board of zoning appeals exercised power that belonged to the commission.<br /><br />  Far Away Farms addressed all issues at a public hearing \"and its evidence was unrefuted,\" the Justices agreed in an unsigned opinion.<br /><br />  They wrote that zoning ordinances must balance rights of individual property owners with community needs."^^<http://www.w3.org/2001/XMLSchema#string>
<http://wvrecord.com/stories/510596559-developer-seeks-federal-order-to-overturn-state-justices>