Judge rules in favor of Summit Church
March 2, 2016
ELKINS A federal judge has ruled to allow Summit Church to purchase American Mountain Theater despite objections from the Randolph County Development Authority.
United States District Judge John Preston Bailey on Wednesday handed down a summary judgment in the case.
The theater will now move forward with plans to sell to the church, American Mountain Theater co-owner Kenny Sexton said.
"We're thrilled to death. We've expected that all along. We're just delighted that the Constitution was upheld and we can go forward with our plans," Sexton said.
The theater and the church partnered in civil action against the Randolph County Development Authority, which sought to halt the sale under threat of litigation on the grounds a church is a nonconforming use and would violate covenants and standards that govern the Elkins Railyard. The parties involved requested the summary judgment.
In his ruling, Bailey had strong words about the covenants and standards that govern the Elkins Railyard.
"The Covenants are at best a collection of ill-defined, contradictory and ambiguous terms and uses which do not conform to the stated purpose of the Railyard," he said. "The covenants also conflict with the Elkins City Code, which permits churches in areas listed as commercial use districts."
Randolph County Development Authority Director Robbie Morris said the RCDA and its legal counsel have not had a chance to fully review the ruling. A special meeting will be held in the near future to discuss the judge's ruling, he said.
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