WINFIELD, W.Va. — A special permit to build a Neighborhood Walmart on Route 34 in Teays Valley was overturned by Circuit Judge John Cummings Friday.
The plans to build the 43,000 square foot grocery store was hotly contested by residents for much of 2015, fearing traffic congestion concerns. A group formed called “Keep the Promise Coalition” to fight the special use permit.
“In listening to (the judge) it seems like some of the procedural matters, the way the process was conducted,” said Tom Susman with the coalition on why he felt the judge ruled in their favor. “A report will be forthcoming detailing those aspects. But he felt that there was enough there to overturn the ruling of the Board of Zoning Appeals.”
The judge did say that Walmart can re-apply for the special use permit.
“Right now it’s a success. The Board of Zoning Appeals can appeal the decision to the Supreme Court, or the applicant can re-apply,” Susman said.
Susman wasn’t sure if Walmart would re-apply, but was pleased for now.
“To say the war is over, I don’t know. The battle’s been won,” Susman said. “On the long haul, we just have to wait and see how things come out.”
The original permit was approved with stipulations, including the store only operating between the hours of 6 a.m. and 11 p.m.