FOR IMMEDIATE RELEASE
CAMPBELL CASTO CLARK, P.C. SECURES APPELLATE VICTORY DEFENDING HOMEOWNER’S RIGHT TO POLITICAL EXPRESSION
CHARLES TOWN, WV — June 11, 2026 — The law firm of Campbell Casto Clark, P.C. today secured a definitive legal victory before the Intermediate Court of Appeals of West Virginia on behalf of homeowner Michael B. Wilber.
The court’s landmark memorandum decision reverses a prior circuit court injunction and rules that homeowners associations cannot rewrite restrictive covenants to restrict general political expression.
The dispute arose when the Locust Hill Unit Owner’s Association, Inc. sought injunctive relief to force Mr. Wilber to remove flags from his property containing the phrases “Biden Sucks” and “Let’s Go Brandon”. The Association contended that the displays violated a neighborhood covenant banning “political campaign signs.”
Represented by James P. Campbell, Esq., Daniel M. Casto, Esq., and Matthew L. Clark, Esq. of Campbell Casto Clark, P.C., Mr. Wilber maintained that expressing a political opinion is fundamentally distinct from campaign advocacy tied to a specific election.
In its decision, the Intermediate Court of Appeals agreed with Campbell Casto Clark, P.C.’s core argument, stating:
“Political commentary and campaign advocacy are not synonymous… The flag before us does none of those things. The sign mentions no candidate who was on the ballot at that time. It references no campaign or election… It only expresses a political opinion."
The Appellate Court emphasized that restrictive covenants are in derogation of common-law property rights, must provide fair notice, and cannot be broadened by implication or judicial rewriting. It concluded that while Mr. Wilber’s flag was political, it was explicitly not a “political campaign sign” under the plain language of the covenant, thereby dissolving the lower court’s injunction.
“We are incredibly pleased with the Court’s ruling, which vindicates our client’s right to peaceful, personal political expression on his own property,” said Daniel M. Casto, Esq. of Campbell Casto Clark, P.C. “This decision sends a clear, powerful message across West Virginia: homeowners associations must strictly adhere to the plain language of their bylaws and cannot invent restrictions after the fact to silence unpopular or provocative speech.”
The case is Michael B. Wilber v. Locust Hill Unit Owner’s Association, Inc., Case No. 25-ICA-280, (https://www.courtswv.gov/sites/default/pubfilesmnt/2026-06/25-ICA-280_MD.pdf) appealing from the Circuit Court of Jefferson County. Senior Paralegals Suzanne Powell and Elisabeth Longmire were instrumental in assisting the attorneys of Campbell Casto Clark, P.C. in securing the victory.
About Campbell Casto Clark, P.C.
Campbell Casto Clark, P.C. is a premier regional law firm serving clients across Virginia and West Virginia. The firm specializes in complex civil litigation, corporate law, real estate, and appellate advocacy.