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Notice of Electronic Filing ol,JyT. West Virginia E-Filing Notice .„\\';" V I RC1. ' CC-19-2018-C-171 Judge: David Hammer To: Christopher Stroech [email protected] NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA Jefferson County Vision Inc., a West Virginia Non-Profit Corporation v. ROXUL USA INC., d/b/a ROCKWOOL, a Delaware Corporation CC-19-2018-C-171 The following complaint was FILED on 11/2/2018 1:26:17 PM Notice Date: 11/2/2018 1:26:17 PM Laura Storm CLERK OF THE CIRCUIT Jefferson 119 N George Street CHARLES TOWN, WV 25414 (304) 728-3231 [email protected] E-FILED | 11/2/2018 1:26 PM CC-19-2018-C-171 COVER SHEET Jefferson County Circuit Clerk Laura Storm GENERAL INFORMATION IN THE CIRCUIT COURT OF JEFFERSON COUNTY WEST VIRGINIA Jefferson County Vision Inc., a West Virginia Non-Profit Corporation v. ROXUL USA INC., d/b/a ROCKWOOL, a Delaware Corporation 1=1 Business ❑ Individual 1=1 Business ❑ Individual First Plaintiff: First Defendant: 1=1 Government 1=1 Other 1=1 Government 1=1 Other Judge: David Hammer ACOMPLAINT INFORMATION Case Type: Civil Complaint Type: Other Origin: Initial Filing Appeal from Municipal Court Appeal from Magistrate Court Jury Trial Requested: Yes No Case will be ready for trial by: 6/3/2019 Mediation Requested: Yes No Substantial Hardship Requested: Yes No Do you or any of your clients or witnesses in this case require special accommodations due to a disability? Wheelchair accessible hearing room and other facilities Interpreter or other auxiliary aid for the hearing impaired Reader or other auxiliary aid for the visually impaired Spokesperson or other auxiliary aid for the speech impaired Other: I am proceeding without an attorney I have an attorney: Christopher Stroech, 208 N George St, Charles Town, WV 25414 SERVED PARTIES Name: ROXUL USA INC., d/b/a ROCKWOOL, a Delaware Corporation Address: 4594 Cayce Road, Byhalia MS 38611 Days to Answer: 30 Type of Service: Secretary of State - Certified Name: JEFFERSON COUNTY COMMISSION Address: 124 East Washington Street, Charles Town WV 25414 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server Name: JEFFERSON COUNTY DEVELOPMENT AUTHORITY Address: 1948 Wiltshire Road, #4, Kearneysville WV 25430 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server Name: BOARD OF EDUCATION OF JEFFERSON COUNTY Address: 110 Mordington Avenue, Charles Town WV 25414 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server Name: SHERIFF OF JEFFERSON COUNTY Address: 102 Industrial Blvd., #100, Kearneysville WV 25414 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server Name: ASSESSOR OF JEFFERSON COUNTY Address: 104 East Washington Street, Charles Town WV 25414 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server Name: RANSON CITY COUNCIL Address: 312 S. Mildred Street, Ranson WV 25438 Days to Answer: 20 Type of Service: Plaintiff - Private Process Server E-FILED | 11/2/2018 1:26 PM CC-19-2018-C-171 Jefferson County Circuit Clerk Laura Storm IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA JEFFERSON COUNTY VISION, INC., a West Virginia Non-Profit Corporation, and DONALD SUTHERLAND, Plaintiffs, v. CIVIL ACTION NO.: 18-C- ROXUL USA, INC. d/b/a ROCKWOOL, a Delaware Corporation; the JEFFERSON COUNTY COMMISSION, a Public Corporation of the State of West Virginia; the JEFFERSON COUNTY DEVELOPMENT AUTHORITY, a Public Corporation of the State of West Virginia; the BOARD OF EDUCATION OF JEFFERSON COUNTY, a Public Corporation of the State of West Virginia; the SHERIFF OF JEFFERSON COUNTY; the ASSESSOR OF JEFFERSON COUNTY; and the RANSON CITY COUNCIL, a Public Corporation of the State of West Virginia; Defendants, COMPLAINT FOR DECLARATORY JUDGMENT AND WRIT OF MANDAMUS The Plaintiffs, Jefferson County Vision, Inc., and Donald Sutherland, by and through their counsel, Christopher P. Stroech, Esq., S. Andrew Arnold, Esq., the law flan of Arnold & Bailey, PLLC, and Robert M. Bastress, Esq., pursuant to W.Va. Code § 55-13-1, et seq. (2018), W.Va. Code § 53-1-1, et seq. and other applicable law, hereby bring the following Complaint for Declaratory Judgment and Writ of Mandamus against Roxul USA, Inc. d/bla Rockwool, the Jefferson County Commission, the Jefferson County Development Authority, the Board of Education of Jefferson County, the Sheriff of Jefferson County, the Assessor of Jefferson County and the Ranson City Council. Plaintiffs request that this Court declare the Payment in Lieu of Taxes Agreement, executed by all party-Defendants' and identified herein, as unconstitutional for the reasons set forth herein. Plaintiffs further request that this Court order Rockwool to pay ad valorem taxes on its real and personal property in a manner equal and uniform to other Jefferson County taxpaying citizens. Plaintiffs allege the following in support of this Complaint: The Parties 1. Plaintiff, Jefferson County Vision, Inc. ("JCV") is a West Virginia Non-Profit Corporation, formed for the purpose of preserving and protecting the quality of life for all Jefferson County, West Virginia residents. JCV has a primary business address of P.O. Box 103, Shenandoah Junction, West Virginia, 25442. 2. JCV was formed for the specific purpose of ensuring that Rockwool has complied with and will continue to comply with all applicable federal, state and local laws. To that end, JCV is also charged with ensuring that any federal, state and/or local governmental agency involved with the approval of any required permit for Rockwool, or any utility or system that would service the Rockwool site, complies with all applicable law. 3. JCV has a Board of Directors consisting of six (6) members, all who own real and personal property in Jefferson County, West Virginia, located within two (2) to six (6) miles from the proposed Rockwool Site and Facility. Amanda Foxx, a Board Member, has one (1) minor child who attends North Jefferson Elementary School, located directly across from the proposed Rockwool Site and Facility, and two (2) minor children who attend T.A. Lowery Elementary School, located about one (1) mile east of the proposed Rockwool Site and Facility. Krista Guido, another Board Member, also has a minor child that attends T.A. Lowery 1 The Jefferson County Development Authority did not execute the subject Payment in Lieu of Taxes Agreement, despite being an indispensable party thereto. 2 Elementary School. Members of the JCV and of its Board of Directors pay equal and uniform property taxes as assessed by public bodies of Jefferson County. 4. Plaintiff, Donald Sutherland, is a West Virginia resident who owns 1.6 acres of real property with a residential address of 866 Warm Springs Road, Shenandoah Junction, West Virginia, 25442, and personal property located thereon, in close proximity to the proposed Rockwool Site and Facility, as defined herein. Mr. Sutherland pays equal and uniform property taxes as assessed by public bodies of Jefferson County. 5. Defendant, Rockwool a/k/a Roxul USA Inc. ("Rockwool"), a Delaware Corporation, is a manufacturer of stone wool insulation, and offers a full range of insulation products for the retail, commercial and industrial markets. Rockwool is a private foreign corporation that does not serve any public purpose. 6. Defendant, the Jefferson County Commission ("JCC"), is a public body organized pursuant to W.Va. Code § 7-1-1, et seq. (2018). 7. Defendant, the Jefferson County Development Authority ("JCDA"), is a public body organized pursuant to W.Va. Code § 7-12-1, et seq. (2018). 8. Defendant, the Board of Education of Jefferson County ("BOE"), is a public body organized pursuant to W.Va. Code § 18-5-1, et seq. (2018). 9. Defendant, the Sheriff of Jefferson County ("Sheriff'), is charged with collecting ad valorem taxes pursuant to W.Va. Code §§ 11A-1-1, et seq. (2018). 10. Defendant, the Assessor of Jefferson County ("Assessor"), is charged with assessing ad valorem taxes pursuant to W.Va. Code §§ 11-3-1, et seq. (2018). 11. Defendant, the Ranson City Council ("Ranson"), is a public body organized pursuant to W.Va. Code § 8-1-1, et seq. (2018). 3 Jurisdiction and Venue 12. Jurisdiction and venue are both proper in Jefferson County, West Virginia as all parties are located herein and both the real and personal property subject to taxation is located herein. Undisputed Facts 13. Rockwool plans to acquire, construct, own and operate a heavy industrial manufacturing facility (the "Facility") on a parcel of real property comprising at least 130-acres on a 400-acre tract of real property located in the City of Ranson, in the vicinity of West Virginia State Route 9, in Jefferson County, West Virginia, known as Jefferson Orchards (the "Land" or the "Site"). 14. Indeed, Rockwool has purchased the Land as confirmed by a Deed attached hereto as Exhibit A. 15. Upon information and belief, if Rockwool is permitted to operate at the Site, the Facility will generate noxious air and water emissions, will produce unsightly sounds, odors, lighting, etc., and will create significant truck traffic to and from the Site, all of which will diminish the quality of life and threaten the health and safety of plaintiff Sutherland and of JCV members and their children. 16. Upon information and belief, excavation and construction has commenced at the Site, despite the fact that the BOE has formally requested that Rockwool cease construction until a health and risk assessment can be completed. 17. The Land and the Facility, and the cost of equipping the Facility, including the acquisition and installation of new machinery and equipment therein (the "Equipment"), are collectively referred to herein as the "Project." 4 18. Rockwool, the JCDA, the JCC, Ranson and other county entities have agreed to work together to ensure that Rockwool will be permitted to operate.
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