The Foundation promotes effective and accountable government. The people cannot hold the government accountable unless the people know what the government is doing and why – transparency is critical. The Foundation submits Freedom of Information Act requests to understand what the government is doing and why so we can inform the public and develop the best strategies to effect positive outcomes for sustainable development and the health heritage and environment of the eastern panhandle.
In West Virginia, once an agency receives a FOIA request the law requires that it “shall as soon as is practicable but within a maximum of five days not including Saturdays, Sundays or legal holidays: (1) Furnish copies of the requested information; (2) Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or (3) Deny the request stating in writing the reasons for such denial. A denial shall indicate that the responsibility of the custodian of any public records or public body to produce the requested records or documents is at an end, and shall afford the person requesting them the opportunity to institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept.” W. Va. Code § 29B-1-3 (d) (emphasis added).
Current Action
The Jefferson County Foundation, Inc. has taken legal action to protect the public’s right to access public records. On September 4, 2026, the Foundation filed lawsuits in West Virginia circuit court to compel the Jefferson County Commission and the Eastern Panhandle Regional Planning and Development Council (Region 9) to produce documents requested under the Freedom of Information Act (FOIA).
JCF requested, among other things, documents related to water and sewer service for the Summit Point Motor Sports Park and the Summit Point area. These documents may provide key information to inform the public’s understanding of the events, actions, and motivations of individuals, elected officials, and appointed bodies involved.
To protect the quality and availability of groundwater for farming and rural residential use, new commercial, industrial, and most housing developments should utilize surface water. Unfortunately, West Virginia American Water which is a for-profit company that utilizes groundwater seems determined to expand in the county (they already withdraw 3 million gallons of groundwater in Jefferson County per day)
In 2024 Summit Point Motor Sports Park started working with Charles Town Utility Board (CTUB) to get water and sewer service. In November 2025 CTUB was considering applying for a grant through the Infrastructure and Jobs Development Council (a state agency). A contracted engineer preferred a package sewer treatment plant while several board members preferred connecting the property to the sewer plant. The CTUB board voted to find out if the grant would support the latter option before applying.
Following this decision, the County Commission voted unanimously to direct the Jefferson County Development Authority to work with WV American Water to serve Summit Point Motorsport Park.
This could raise rates on WVAW customers and draw down the groundwater aquifer.
In 2024 Summit Point Motorsports Park (SPMS) informed Charles Town Utility Board (CTUB) that they needed Water and Sewer Service. At least one of the SPMS wells had gone dry and attempts to drill a new well were unsuccessful.
CTUB is the closest utility to SPMS (by far) and SPMS is within 20 miles of CTUB. This means SPMS is with the CTUB service area and therefore according to the requirements SPMS should seek service from CTUB. CTUB worked diligently to moving the project along including engineering studies and seeking funding.
In November of 2025 the County Commission insisted that CTUB was refusing to serve SPMS despite CTUB having voted multiple times to serve SPMS and help them find funding. For an unknown reason the County Commission voted to direct the Jefferson County Development Authority (JCDA) to work with WVAW to serve SPMS.
The JCC claimed that working with WVAW was necessary to utilize grant funding that was offered to the project by the state. Freedom of Information Act requests show that the state had not granted these funds. In fact, the grant application had not even been considered because it had been rejected on initial review.
JCC is choosing expediency for one commercial customer over protecting local natural resources and rate payers.
In spring of 2026 it was announced that Data Centers were planned right next to the SPMS. Data Centers can use massive amounts of water. It is critical that the data centers utilize surface water rather than groundwater. Extending water lines from WVAW to the Summit Point could potentially support zoning changes from Rural to Residential Growth or Rural Residential all along the route. This could massively speed up conversion of farmland to housing in a large part of the county. We need CTUB to serve the Summit Point area to conserve natural resources – groundwater and farmland.
WVAW also admitted in a JCDA meeting that to fund projects like this it raises rates on current customers to pay for the service extension. CTUB would work with the new users to obtain funding without placing the burden on current rate payers – keeping rates low. In the last several months the company who owns the proposed data center property and CTUB have been working together to develop plans to extend water, sewer, and waste water reuse lines (purple line) to the Summit Point area.
What is Happening
The Foundation filed a Freedom of Information Act request with Region 9 for communications between Region 9, CTUB, and the County, in an attempt to understand what motivated the Jefferson County Commission to direct the JCDA to develop a public private partnership with WV American Water. Our request was first rejected because the agency said it was too broad. We submitted a narrower FOIA request and this request was eventually denied. The agency claimed the requested documents were privileged because they pertained to the economic development function of Region 9. We then submitted a similar FOIA request to the County. Unfortunately, the County has failed to fulfill the FOIA request, and has offered no explanation.
After nearly 6 months the Foundation has had to take the matter to the circuit court to try to obtained these documents that we feel the public is entitled to.
Timeline
February 11, 2026 – Filed First FOIA with the County Commission
February 20, 2026 – Filed First FOIA with Region 9
March 5, 2026 – Filed Second FOIA with Region 9
March 27, 2026 – Filed Second FOIA with County Commission
March 30, 2026 – County Commission sent an email letting us know that they were in receipt of the email and that they “are in the process of reviewing your request and will provide further response as soon as possible.”
September 4, 2026 – JCF filed a legal action to compel the JCC and Region 9 to produce any responsive documents
How Can You Help?
- Donate to the Foundation Legal Fund
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