Robert and Rita Donadieu v. Morgan County Planning Commission
15-1058
| W. Va. | Oct 7, 2016Background
- Owner/developer sought to re-plat Oakland Overlook subdivision to combine four half-acre lots into one commercial lot for a Dollar General and leave eight half-acre residential lots; infrastructure and stormwater systems were already installed but no sales or buildings yet.
- The 2007 plat had allowed one-half-acre lots; the Ordinance was amended in 2013 to raise minimum lot size to one acre.
- Applicant requested time-waivers to delay obtaining several permits (well, sewage, state road entrance, NPDES, sediment/erosion review) until the Final Plat hearing, and a waiver to retain one-half-acre residential lots.
- The Morgan County Planning Commission held a preliminary hearing, granted the re-plat and the requested waivers, relying on its engineer’s report and testimony about existing infrastructure and central sewer.
- Nearby residents (petitioners) filed for writ of certiorari/mandamus in circuit court arguing the Commission lacked authority to hold the hearing without required permit documents, the lot-size waiver lacked support, and procedural due process was violated by failure to provide documents; the circuit court denied relief and dismissed.
- The Supreme Court of Appeals of West Virginia affirmed, finding the Commission permissibly waived time limits for permit filings, the lot-size waiver was supported by evidence of hardship, and no procedural due process violation occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Planning Commission could hold preliminary hearing/accept application without all required permits filed | Donadieu: Ordinance mandates submission of permits before scheduling/advertising hearing; Commission lacked authority to proceed | Planning Commission: Ordinance permits waiver/extension of time for filing; permits still required by final stage; re-plat of existing subdivision supports flexibility | Held: Commission properly used Sections 6 and 7.3 to waive time limits and hold hearing; permits remain required but timing may be extended |
| Whether waiver of one-acre minimum lot size was supported | Donadieu: No substantial evidence of extraordinary hardship; Commission failed to make findings | Planning Commission: Existing infrastructure, central sewage, and impracticality of modifying stormwater system demonstrate hardship; waiver not injurious | Held: Substantial evidence supports waiver; Commission did not abuse discretion in granting lot-size waiver |
| Whether petitioners’ procedural due process rights were violated by lack of pre-hearing disclosure | Donadieu: Failure to provide complete file and permits prevented meaningful opposition | Planning Commission: File was available for public inspection; hearings are not civil trials with discovery; absence of permits does not impair right to be heard | Held: No due process violation; petitioners had meaningful opportunity to be heard and could inspect files but did not do so |
| Whether post-judgment intervention by lender was untimely/ improper | Donadieu: Intervention was late and unnecessary; interests already protected by Commission | Intervenor/Commission: Lender has financial interest; circuit court permitted intervention | Held: Because underlying certiorari petition was denied and dismissed, intervention issue is moot and need not be addressed |
Key Cases Cited
- Mathews v. Eldridge, 424 U.S. 319 (1976) (procedural due process requires meaningful opportunity to be heard)
- Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals, 225 W.Va. 416, 693 S.E.2d 781 (2010) (abuse of discretion standard for certiorari review)
- Wolfe v. Forbes, 159 W.Va. 34, 217 S.E.2d 899 (1975) (reviewing court should reverse administrative decision if erroneous law, plainly wrong facts, or beyond jurisdiction)
- Maplewood Estates Homeowners Ass’n v. Putnam County Planning Comm’n, 218 W.Va. 719, 629 S.E.2d 778 (2006) (administrative interpretations given great weight unless clearly erroneous)
- Board of Zoning Appeals of Town of Shepherdstown v. Tkacz, 234 W.Va. 201, 764 S.E.2d 532 (2014) (standards on presumptions in administrative review)