WELCH, W.Va. (WVDN) — Greg Harman, a McDowell County native and descendant of Jacob J. Sperry with a partial reversionary interest in the original land grant, has filed a petition in McDowell County Circuit Court seeking to preserve the charitable purpose of Welch Community Hospital under an 1899 deed.
The lawsuit, filed against the West Virginia Department of Health Facilities and Attorney General John B. McCuskey, asks the court to apply the cy pres doctrine to the historic dedication and to issue injunctive relief preventing any sale, transfer or material change in the use of the hospital property without prior court approval.
Welch Community Hospital, originally Miners’ Hospital No. 1, was established on land conveyed by Jacob J. Sperry in 1899 specifically for the charitable purpose of providing medical care to poor and underserved residents of McDowell County. The hospital remains the only acute-care facility serving the county.
“This lawsuit seeks to ensure that the original charitable intent of the 1899 dedication is honored and that the hospital continues to serve the community as intended,” said Bucky Lewis, attorney for Greg Harman.
The petition requests that the court:
Apply the cy pres doctrine to modify or redirect the use of the property in a manner consistent with the donor’s charitable intent; declare that the property remains subject to the 1899 charitable dedication; issue temporary, preliminary and permanent injunctive relief prohibiting any sale or significant change in use without court supervision; and ensure that the reversionary interest and the public’s interest in continued health care access are protected.
Lewis said, “You can’t sell what you don’t own.”
“The land was donated to the state for a hospital for McDowell County. The reversionary rights were included in the deed to protect the original charitable contribution of Mr. Sperry and his heirs, and to make sure that the state runs a hospital on the site or nothing at all,” Lewis said.
“Nothing has transpired over the last 127 years to change that. This lawsuit is intended to make that clear.”
The case is pending in the Circuit Court of McDowell County, Case No. 2026-C-41, before Judge Rudolph J. Murensky II.
About the Lawsuit
This action is brought under West Virginia Code sections 35-2-2 and 44D-4-413 to protect a charitable dedication when changed circumstances make the original purpose impracticable. The plaintiff seeks to prevent any transaction that could permanently alter or eliminate the hospital’s role in serving McDowell County residents.
Contact: Bucky Lewis, 681-201-2301, or rangerbuck375@gmail.com.
