BERKLEY SPRINGS, W.Va. — A public hearing on potential RV sites set up at Cacapon State Park has been delayed.
The West Virginia Division of Natural Resources postponed the hearing scheduled for Tuesday, April 18, because a legal challenge was brought forth claiming the DNR did not advertise the meeting to the public properly.
On Friday, April 14, a petition was filed in Morgan County Circuit Court, calling for the public hearing to be cancelled. Dale Kirchner filed a petition for writ of mandamus, calling for the hearing to be stopped because, according to him, the public had not been properly notified.
In the petition, it says the DNR is required to provide a public notice of a public hearing by a Class II legal advertisement. The notice of the meeting would also be posted on the State Auditor’s website.
Attorneys of the DNR claim they could prove they followed proper guidelines for establishing a public hearing. However, according to an agreed order entered into Morgan County Circuit Court, “the Defendants do not wish to proceed if there is an appearance of impropriety, but instead desire to assure the public that it is in full compliance with any and all notice requirements. Accordingly, the Defendants find it fitting to cancel the meeting scheduled for April 18, 2023.”
The purpose of the hearing was because the West Virginia DNR submitted a request for proposals from vendors to seek out private investors interested in establishing an RV campground in the Morgan County state park. Three RV campground proposals were submitted.
Blue Water of Ocean City, Md. proposed a 350-site RV campground plus waterpark features. River & Trail Outfitters of Harper’s Ferry proposed a 50-site RV park and a mountain bike shuttle service. Scenic LLC of Berkeley Springs proposed a partnership between Cacapon and their 178-site campground being designed in Great Cacapon.
As of now, there has not been a new date set for a public hearing.