At the end of a special meeting on November 5, the Jefferson County Planning Commission voted to reject a litigation settlement offer from Sidewinder LLC.
Seven members of the Planning Commission were present for the meeting — Michael Shepp (currently serving as president of the commission), Cara Keys (who also serves as a County Commissioner), Donnie Fisher, Danial Hayes, Wade Louthan, Tim Smith, and J Ware. Commissioners Aaron Howel and Bruce Chrisman did not attend the special meeting.
Sidewinder had sued the Planning Commission earlier this year after the Planning Commission denied its concept plan to build a large-scale water bottling facility and water pipeline in Middleway.
The agenda for this week’s meeting indicated that the Planning Commission would consider “proffers” (specific proposals) to be made by Sidewinder. The two parties had met in a day-long mediation session the previous week, so presumably the commissioners were aware of the general outline of the proposed settlement prior to the meeting.
The intervenors were present for the October 29 mediation session, but it did not appear that they were consulted by the other two parties during the negotiation discussions.
Sidewinder’s Offer
After Planning Commission president Michael Shepp called the meeting to order at 6 pm, the commissioners moved immediately to convene in executive session to discuss the proposed settlement with the Commission’s attorney, Nathan Cochran.
Thirty minutes later, the Commission returned to public session and invited Sidewinder’s attorney, Susan Snowden, to present the company’s proposed settlement offer.
Snowden outlined several commitments related to the quantity of water to be pumped (1,000 gallons per minute), the number of truck trips per day (145), and the monitoring of the chemical contaminant plume under the site, along with other commitments about the pipeline construction, road improvements, and funding of replacement wells for the properties in the surrounding area.
In return for the Planning Commission accepting the proffers, Snowden offered that Sidewinder would suspend the current litigation. According to Snowden’s presentation, the company would not move to dismiss its lawsuit until it received a final approval of its site plan and building permit.
You can watch the video of Snowden’s presentation here.
Commissioners Question The Offer Details
At the conclusion of Snowden’s presentation, commissioner J Ware expressed concern about the technical details of the water extraction limits. Snowden responded that the numbers provided had not changed from the proposal made by the company during the concept plan review earlier this year, referencing a chart that had been included in the records of those earlier proceedings.
Commissioner Keys then moved to reject the settlement offer. Commissioner Fisher seconded the motion. During the discussion, several of the commissioners indicated that they were struggling to balance their misgivings about allowing the project to proceed with the prospect of a lengthy legal battle with an uncertain outcome.
Commission president Shepp called for a vote by a show of hands from the commissioners present at the meeting, which was a departure from the commission’s customary practice of either voice vote or roll call vote. Only 5 commissioners raised their hands in response to Shepp’s initial call.
Shepp reminded all of the commissioners present at the meeting of their obligation to vote and asked for another show of hands. Commissioners Cara Keys, Donnie Fisher, Daniel Hayes, and Wade Louthan then raised their hands for the motion to reject the settlement offer and commissioners Michael Shepp and Tim Smith raised their hands against the motion to reject the settlement. Commissioner J Ware did not raise his hand during the final round of voting.
Reaction in the Room
Approximately 140 residents were present for the meeting and the room erupted with applause following the Commission’s vote to reject the settlement offer.
Sidewinder’s attorney and all of the planning commissioners left the room immediately after the meeting concluded and were not available to provide comment.
Middleway resident Stacy Chapman leads the Protect Middleway organization that formed shortly after Sidewinder’s plans for the project became public in late 2024. After the meeting, she described her feelings as “jubilant” and remarked that “we still have a long path ahead of us, but we are confident about the court hearing on the 10th. The Planning Commission followed their ordinances when they voted last March, and we’re reassured that they continue to follow their ordinances tonight.”
A Court Date on November 10
The lawsuit is currently scheduled for a hearing before Judge Bridget Cohee in Circuit Court on November 10.
Published 2025 November 5. Updated 2025 Nov 6 (clarification re intervenors). Updated 2025 Nov 9 (correction of vote tally to reflect that commissioner J Ware did not vote in favor of the settlement offer).
By Steve Pearson