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Spirit of Jefferson Farmers Advocate
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May 15, 2012     Spirit of Jefferson Farmers Advocate
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May 15, 2012
 

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i 00pirit of JEFFERSON and FARMER&apos;S ADVOCATE News Wednesday, May 16, 2012 PAGE A5 Patrick Henry Estates defeats cut.through plans BRYAN CLARK Spirit Staff CHARLES TOWN - After a nearly four year legal battle that went all the way to the U.S. Supreme Court. a local homeowners association has defeated a plan by its subdivision's developer that would have carved a cut-through between U.S. 340 and W.Va. 9. Members of Patrick Henry Estates Homeowners Association also won compensation for 27 years of road maintenance, mandated road repairs to their roads, and ownership of their common areas after filing suit in 2008 against developer Dr. Gerald Miller of Baltimore and a proposal to build an apartment complex on a strip of land between their homes and the nearby shopping center. Members would later learn that Miller also planned to open a second entrance to the subdivision that would have made the neighborhood a shortcut between U.S. 340 and W.Va. 9. "It has been an almost debilitating burden, but we have scrimped and saved and managed to pull through. We were in a veryprecarious financial situation during this past winter." said Suzanne Malesic, president of the Patrick Henry Estates HOA. Miller appealed a lower court's ruling against him first to the Fourth Circuit Court of Appeals and then to the Supreme Court. The Supreme Court refused to hear Miller's appeal m an April 2012 decision by Chief Justice John Roberts. Malesic says the neighborhood is "so relieved and satisfied that the rights of all of our residents were not just overrun." Malesic said Miller delayed turning over the HOA's roads and common areas for almost 30 years. "As our declaration of covenants states, the developer was to have turned over the roads and the common areas to us by Jan. 1, 1987," Malesic said. "Winning the case is only eliminating the procrastination that occurred during these past 27, almost 28 years. This neighborhood has not been able to put a bus shelter on its common areas for its children. It has not been able to put up a picnic table or a community bulletin board or anything of that nature for 27 years." Malesic said the HOA has paid its legal bills with the $51,387 the court ordered Miller to pay to cover past expenses for road maintenance. Miller also has to pay for road and storm water system repairs expected to cost $186,000. The HOA received the payment along with the deed to their roads and common areas from Miller in April. Braun Hamstead, the HOA's lawyer, said the decision sets potentially important precedents for litigation between HOAs and developers because there "simply isn't much case law" out there which determines these cases. "I think the decision is truly significant," Hamstead said. "It addresses the cavalier way that developers sometimes have treated their residential developments and their restrictive covenants. (This behavior) is widespread. There are model, declarations out there and developers who really respect what they have committed themselves to, and there are those that are just totally cavalier about the commitments they have made." Thank You JEFFERSON COUNTY! Thanks for a Strong Start to November's Election. 304-725 -4325 www.J aneTabb.com Fac ebook, c om / Jone T abbC ountyC ommission Miller FROM PAGE A1 McKinley, the Republican incum- bent in the 1 st District. had any pri- mary Opposition. And McKinley's Democratic foe in November, Sue Thom, also ran unopposed. Raleigh County resident Rick Snuffer, currently a member of the House of Delegates, was an easy winner in a three-way race to be- come the Republican challenger to Rahall in November, U. S. Sen. Joe Manchin swamped his lone primary election opponent by a 4-1 margin in his race for an- other term while Republican John Raese was unopposed for the GOP nomination to challenge Manchin again. Gov. Earl Ray Tomblin cap- tured the Democratic nomination and Republican Bill Maloney won the Republican nomination to set up a November rematch between the two for a full-four year term as governor. Meanwhile, does anyone out there really think any registered Democrat voters cast their ballot "for Keith Judd in last week's pri- mary election because they want him, not incumbent President Ba- ,rack Obama, to be president for the next four years? Indeed, most of those questioned by reporters after the votes were counted didn't even know Judd or realize he's currently serving time in a Texas prison. Clearly it was a vote against the incumbent president and an- "other indication Obama will not carry West Virginia in the No- vember general election because -many registered Democrats in this state consider him to be too lib- ,eral. Unfortunately, there are also still some voters who harbor a bias against people with a skin color different from their own. And when those Democrats cross over to cast their votes for Mitt Romney m November they will not be indicating that they are doing it because they think Rom- ney is more likely to get this coun- try back on the right track eco- nomically. They will be voting against his opponent just as they did four years ago when this state gave Republican presidential can- didate John McCann a sizable ma- jority. And most are not racist. Their allegiance to the Democratic Party in West Virginia is based on recent history that has created two classes of Democrats those who sup- port the party in all races and those who pick and choose their selec- tions, voting for Republicans when they personally fred their own par- ty candidate to be'undesirable. Finally, one of the two Repub- licans nominated for a seat on the State Supreme Court in the No- vember general election is Allen Loughry, currently working as a law clerk for the court. As one of the four candidates competing for two seats on the court. Loughry will be the only one entitled to take advantage of the new plan for public fmancing of election cam- paigns. He will have access to at least $400,000 of matching public funding for his campaign. But that is hardly going to be a match for the two Democrat nom- inees, especially Tish Charm who had spent $1 million of her own money according to reports flied weeks before the priniary elec-. tion. This will be the first use of the new law on pubfic campaign financing approved by the state legislature. JANE TABB COUNTY COMMISSION w.Va. woman trapped in wrecked van nearly 3 days MORGANTOWN (AP) -- A West Vir- ginia woman is recovering after she was trapped in her wrecked van for almost three days and crawled out to reach help. Authorities in Monongalia County say Veronica McFoy, 41, lost control of her Van on a rural road on Monday while traveling to a store. It went over an embankment and traveled about 50 feet before it landed on its side in an overgrown area not visible from the road. Her husband. Wilford McCoy, told The Dominion Post (http://bit.ly/r8Ei4o) that she broke vertebrae, ribs and her chest bone. She wasn't able to use a tool inside to break a window until Thursday. She crawled up the embankment to the road and flagged down help. "I couldn't believe it," Wilford McFoy told the newspaper. "It's only about a haft- mile from the house." He said he realized something had hap- pened when she did not pick up their daugh- ter from work Monday evening. He con- tacted friends and family and asked if any- one had seen her. Following a mandatory 48- hour waiting period, he reported her missing on Wednesday. ,I didn't know what to think," he said. "All kinds of strange things come to your mind." McFoy said he is glad that his wife sur- vived, although she is "beat up pretty bad." He said she is covered in bruises and her movement is limited. "I told her the good Lord was taking care of her." W.Va. police informant interview posted on YouTube BECKLEY (AP) Authorities in Ra- leigh County will give only paper evi- dence to defense lawyers after a video of a confidential informant's interview with a police detective appeared on YouTube. "Until we are able to figure this out, we will only give paper discovery. If a defense lawyer wants to review video or audio footage, they will have to come to the prosecuting attorney's office or the police department," Raleigh County prosecutor Kristin Keller told The Reg- ister Herald. "We are not blaming any- one and I have'had nothing but support from the public defender's office, but we just want to ensure this can never happen again." Beckley police have charged three peo- ple with intimidation of a state witness in connection with the video, which is evi- dence in a drug case against one suspect, 29-year-old Richard James Pfost. The other suspects are Pfost's brother, 28-year-old Michael Matthew Pfost, and 25-year-old Semaj Nygee Lowery. Detective Lt. Gant Montgomery told the newspaper that police gave the vid- eo of his interview with the informant to Richard Pfost's lawyer on May 1. The next day, it appeared on YouTube. Police have not determined who post- ed the video online. Montgomery said the informant called him and told him about the video appear- ing on YouTube. The informant also told the detective that threats had been made again him. Acting on an anonymous tip a couple days later, police found the Pfost broth- ers at a Beckley apartment and arrested them on unrelated charges. Montgomery said Richard Pfost denied any involvement with the video's posting on YouTube. Pfost told Montgomery that he had viewed some of the video during a meeting with his lawyer. Police later searched Lowery's resi- dence and found a DVD copy of the in- terview. Keller called the incidence "stupid and extremely, dangerous." The Pfost brothers were being held Fri- day at the Southern Regional Jail. Low- ery remains free on bond. beg, .' " t., " * t'Y " .... ,,. " .' ;.$: . " -  <\< " " Stay Current on Community Events and News. Subscribe to the Spirit of Jefferson! Call (304) 725-2046 For your support and encouragement throughout my campaign for re-election as Magistrate and for exer- cising your right to voteH/ And, to those who allowed me to place signs on their property... THANK YOU. Sincerely, Paid for by the Committee to Re-Elect M.P. Rissler Magistrate, Rebecca Jones, Treasurer. JEFFERSON COUNTY MEMORIAL DM RENTAL "FEATURE of the MONTH" Master Bedroom. Short Term and Long Term Leasing ($1,600 monthly rent plus $1,600 Security Deposit) * Pets approved on an individual basis,* Maintained mowing, land'scaping and flowers overlooking a creek. Renovated, Hardwood Floors Crown Molding, New kitchen plus appliances, Formal Living Room. Formal Dining Room, Florida Room, 2 Baths, Large Memorial Day Monday, May 28, 2012 WE UNDERSTAND COMMITMENT. For decades, Edward Jones has been committed to providing financial solutions and personalized service to individual investors. You can rely on us for: t Convenience Locations in the community and face-to-face meetings at your convenience t A Quality-focused Investment Philosophy A long-term approach that focuses on quality investments and diversification t Highly Personal Service Investment guidance tailored to your individual needs Call or visit today. John EWilliams Financial Advisor 120a W Washington St Charles Town, WV 25414 304-724-4168 www.edwardJones.com Member SIPC EdwardJones Thank You to all who voted. And a special thanks to all those who supported me and voted for me for School Board. Gary Kable PAID I-(_)R BY ,IAMk, S M. DAVIs.TRkb\\;SI'RFR [ii i - Bobby Shirley PAID FOR BY THE CANDIDATE Paid for by Senseney for Magistrate Committee, Wayne Thompson - Treasurer. I |  .... .   .-- ............... -,%