Shepherdstown Observer, Inc. v. Maghan

KETCHUM, J.:

The Shepherdstown Observer (hereafter “the Observer”) appeals an order of the Circuit Court of Jefferson County dismissing its civil complaint against Jennifer Maghan, in her capacity as the Clerk of the County Commission of Jefferson County (“County Clerk” or “Clerk”). For the reasons set forth herein, we reverse the Circuit Court of Jefferson County and remand this matter for further proceedings consistent with this opinion.

I. Factual Background

In October of 2008, the County Commission of Jefferson County passed a traditional zoning ordinance, which was intended to replace the…