At the end of a special meeting on November 5, the Jefferson County Planning Commission voted 4 to 3 (with 2 commissioners absent) to reject an offer from Sidewinder LLC to settle the lawsuit the company filed earlier this year after the Planning Commission had denied Sidewinder’s concept plan to construct a large-scale water bottling facility and a water pipeline in Middleway.
The agenda for the November 5 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.
Several local residents along with the Jefferson County Foundation had previously been recognized by the Circuit Court as intervenors in the lawsuit, but they were not included in the October 29 mediation discussions between the Planning Commission and Sidewinder.
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 contaminate 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.
A Contentious Vote
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 original 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 Cara Keys, who also serves as a County Commissioner, then moved to reject the settlement offer. Commissioner Donnie 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.
At the end of the voting, commissioners Cara Keys, Donnie Fisher, Daniel Hayes, and Wade Louthan voted for the motion to reject the settlement offer and commissioners Michael Shepp, J Ware, and Tim Smith voted against the motion to reject the settlement (i.e. they were in support of the settlement). Commissioners Aaron Howell and Bruce Chrisman did not attend the meeting.
A Court Date on November 10
Approximately 140 residents were present for the meeting and the room erupted with applause following the Commission’s vote.
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 Planning Commission vote, 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 were reassured that they continue to follow their ordinances tonight.”
The lawsuit is currently scheduled for a hearing before Judge Bridget Cohee in Circuit Court on November 10.
Published 2025 November 5.
By Steve Pearson