SAVE MARTERELLA WINERY IN FAUQUIER COUNTY

Dear Marterella Winery Friends and Fans-

Our winery is under seige by the Bellevue Farms HOA and the Fauquier County Justice System-

We are in danger of losing our right to sell our wine from our property.
The loss of this right will have dire economic impacts on our very ability to even keep our property where our home is located. The financial stress of this lawsuit has take our life savings for the legal fees and we won- only  to have it  taken away by one man and his definition of agriculture.    We are approved by the TTB, The Virgnia ABC, we are within the Rural Agriculture zoning of our county, there is even another winery in our community approved by the same HOA across the street from us that is operating and has not been sued. Our operation is essentially the same- we grow grapes, make wine from those grapes and sell the wine by the bottle and glass to make a living. Our Rights are being striped away from us.   This fight has depleted all our life savings and if we are shut down we will loose everything we have ever worked for in our lives. We need your help!  Please help us save our winery and protect the rights of all farm wineries to sell their product by both the bottle and by the glass as permitted by the Virginia ABC and Farm winery License.  Don't  let one Judge redefine what a farm winery is by lumping it into a generic definition of agriculture from a dictionary that does not include marketing and sales in its definition.  I am at my wits end and really need your help........... 

On December 15th, Judge Parker of the Twentieth Judicial Circuit in Fauquier County denied the Marterella's request to reconsider his letter opinion entering judgment notwithstanding the verdict of the jury empaneled to hear the case.  In September, a jury of Fauquier County residents agreed that the Marterella's winery fit within the contemplated agricultural uses, as expressed in the Bellevue Landowners' Council's (BLOC) declaration of covenants. A declaration of covenants is a document, based on contract, that establishes a series of obligations on landowners that run with the land, meaning they also bind future owners to the same obligations.

Practically speaking, the court decided to disregard the jury's verdict, because, in the judge's opinion, the jury reached an unreasonable conclusion in finding that the Marterella's full operation was encompassed by the term "agriculture."  It is not yet clear how this will impact the ongoing operation of the winery; however, the Martarella's have expressed a desire to appeal to the Supreme Court of Virginia.  As of this week, the Marterellas remain open for business and appreciate the support of the industry in their struggle with the BLOC.

Under Virginia rules of civil procedure, the Marterella's must note their appeal to the Virginia Supreme Court within 30 days of entry of the final order.  Their briefs in support of their appeal will be due several months later. 
  
Judge Parker issued his letter opinion in late September, and there was great concern that it would impact the Virginia wine industry far beyond the borders of Fauquier County.  Although the case centers on the interpretation of the Declaration of Covenants governing the Marterella's subdivision, the judge held in the order that the on-site retail sale of wine is not an agricultural activity. 

In defense of this position, the Court references Webster's New World Dictionary, 3rd Ed. for the respective definitions of "agriculture" and "retail." Specifically, the Court holds that "agriculture does not include the on-site retail sale of wine by the glass." The Court analogizes that "a farmer who sells the cattle he raises on his property is engaged in agriculture, but he could not sell butchered and packaged meats to consumers on his property and still call it agriculture."  We at the VWC believe the beef cattle farmer would disagree and we know our winegrowers do too. 

In its order, the Court makes no reference to the July 1, 2009, amendment to Virginia Code Section 15.2-2288.3 that declares "the agricultural nature of ... activities and events" relating to the marketing and sale of wine at Virginia farm wineries.  This past session of the General Assembly, the Virginia Wine Council fought hard to have that designation made part of Virginia law and it is regrettable that the Circuit Court did not take notice of it. 

Take a moment to read the Order, which is linked here. 


Updates on Albemarle, Fauquier, and Clarke County zoning ordinances pertaining to farm wineries    

The Virginia Wine Council has been working actively, and simultaneously, in three Virginia counties as they attempt to bring their farm winery zoning ordinances into conformity with Virginia Code Sec. 15.2-2288.3.  Virginia's winery land use legislation, enacted and amended over the past three sessions of the General Assembly, requires counties to meet a high burden before engaging in any regulatory scheme touching on the activities and events of farm wineries. 

Counties must first consider the economic impact of such regulations on the economic viability of farm wineries.  Secondly, they must recognize that such activities and events are agricultural in nature.  And, thirdly, they must also discern whether a farm winery is engaged in activities or events that are usual and customary for the industry from a statewide perspective.  Usual and customary activities and events are permitted without local regulation, unless there is a substantial impact on the health, safety, or welfare of the public. 

Virginia Code Sec. 4.1-128 also makes it clear that "No county, city, or town shall ... adopt any ordinance or resolution which regulates or prohibits the manufacture, bottling, possession, sale, wholesale distribution, handling, transportation, drinking, use, advertising or dispensing of alcoholic beverages in the Commonwealth."