The Resort At Glade Springs
CHARLESTON – The state Supreme Court will hear oral arguments during the spring term in a case regarding hundreds of lots at Glade Springs Resort owned by the family of U.S. Sen. Jim Justice.
On November 21, the court issued a show cause order wants attorneys for the Glade Springs Village Property Owners Association to show why Justice Holdings should not be awarded a writ of prohibition.
Justice
The property owners group and the Justice family disagree about whether Justice Holdings owed assessments to maintain common properties like other owners.
This spring’s oral arguments have not been scheduled, but the state Supreme Court term runs from January to June.
Last month, the state Supreme Court granted a motion to stay requiring activities related to the auction of lots at Glade Springs owned by the Justice family. Hours later, the property owners group asked the court to review the matter quickly.
Those lots were scheduled for an October 29 foreclosure sale. The sale was spurred by the dispute over homeowner fees at Glade Springs.
Later in the day, the property owners group filed its motion for expedited relief asking the court to review the matter quickly, also saying the questions have been before courts for several years.
“Respondent remains damaged and prejudiced by the multiple delays, with no factual or legal basis, caused by petitioner’s tactics,” the property owners’ motion states. “There is no question, nor has petitioner claimed to the contrary in this case, that petitioner owes assessments to respondents for the upkeep of the common property within Glade Springs Village and the neighboring planned community of The Farms and Phase I.”
The property owners group says Justice Holdings owed money for assessments to maintain common properties. Justice Holdings say the lots can’t be sold at the foreclosure sale, and it disputes the fee assessments and resulting liens because it says the real estate was not incorporated into the common interest community.
“Respondent has had to wait far too many years to enforce its automatic, statutory remedies arising under the Uniform Common Interest Ownership Act and the governing documents for Glade Springs Village, and to foreclose on petitioner’s lots in accordance with final, now nonappealable orders in the circuit court,” wrote Mark Sadd, the attorney representing the association. “Respondent is therefore entitled to immediately proceed with judicial foreclosure because there is no genuine legal issue in dispute in this case.”
Justice was the lead investor at the Raleigh County golf resort community in 2010. James Miller and Stephen Ball now are listed as representatives for Justice Holdings, as are Justice’s children Jay and Jill Justice.
West Virginia Supreme Court of Appeals case number 25-401
