CHARLESTON, WV (WVDN) — West Virginia Attorney General Patrick Morrisey is applauding a decision from the state Intermediate Court of Appeals that confirms the constitutionality of the Tourism Development District Act in a case that stemmed from a lawsuit filed by six Harpers Ferry residents against the state secretary of Economic Development to stop the reconstruction of the Hill Top House.
“I am pleased the appellate judges saw the case the way we did: that the statute clearly passes constitutional muster,” Attorney General Morrisey said. “It’s worth noting that this law is limited in scope and features specific criteria for the creation of similar districts statewide.”
The Attorney General pointed out the Act is a reasonable way of creating new and greater sources of revenue and relieving unemployment in small communities.
“The delegation of state authority found in this law is limited in scope and features specific criteria for the creation of similar districts statewide.”
The Tourism Development District Act allows the West Virginia Department of Economic Development to take over responsibility of managing and regulating at least five tourism development projects in the state. The developers are relying on this statute to invest $150 million in the reconstruction of Hill Top.
The six Harpers Ferry residents who filed the lawsuit appealed the dismissal handed down by the Kanawha County Circuit Court in March.
The Intermediate Court of Appeals heard arguments March 19.
“This project has been delayed long enough by forces who are opposed to the state’s economic progress,” Attorney General Morrisey said. “This is now the time to move forward with a vital commercial development that will increase tourism and create needed jobs and tax revenue in the Eastern Panhandle. Let’s help West Virginia reach her full potential.”
