by Kerana Todorov | Wine Business |
A Napa County Superior judge has preliminarily sided with Napa County in its battle against a small winery near Yountville over wine tastings, tours and other issues.
The legal fight started in October 2022 when Napa County sued Hoopes Vineyard and proprietor Lindsay Hoopes for allegedly not following a host of county rules, including hosting tours and tastings.
Napa County Superior Court Judge Mark Boessenecker preliminary ruled on Friday Hoopes Vineyard violated the terms of its entitlements by having wine tastings, tours, wine-related sales and social events, according to the 18-page tentative decision. The preliminary ruling came eight months after a bench trial which included 11 days of testimony.
Boessenecker agreed with Napa County that Hoopes Vineyard was a “public nuisance” and had committed “unlawful business practices,” according to the court filing. He also tentatively held owner Lindsay Hoopes as personally liable, according to the document.
Friday’s tentative decision is not the final say in the matter. A series of briefs may be filed over the next few weeks.
The judge on Friday ordered Napa County’s attorneys to file a brief within 30 days stating the damages and attorney fees owed by Hoopes Vineyard and Hoopes as well as the scope of an injunction against the winery, according to the tentative decision. Hoopes has another 15 days to respond to Napa County’s brief.
Napa County then has a week to comment on Hoopes’ brief.
Boessenecker on Friday also refused Napa County’s request to dismiss Hoopes’ counter lawsuit against Napa County, according to the tentative decision.
The Hoopes family purchased the winery in August 2017. It was then known as the Hopper Creek Winery.
Boessenecker wrote in his tentative decision, citing trial testimony, that Lindsay Hoopes “was made aware” that Hopper Creek had received notices of ‘violations’ from the county for hosting “‘unauthorized tours and tastings,’” according to the court filing.
Lindsay Hoopes wrote in an email to her Realtor in May 2017: “‘So as I thought it looks like they were not actually allowed to do tastings,’” Boessenecker wrote in his tentative decision, citing trial testimony and exhibits.
After buying the property, Hoopes sought to upgrade the property to apply for a use permit, according to the court filing. But after learning the cost of upgrading the property would cost between $500,000 to $1 million, Hoopes decided the “upgrades were cost prohibitive and abandoned them,” Boessenecker wrote, citing court transcripts.
Hoopes has maintained the winery has broken no rules.
Owner Lindsay Hoopes on Sunday stressed Friday’s decision was not the final judgment.
Hoopes, a former assistant district attorney in San Francisco, does plan to appeal the final rulings. The tentative decision, Hoopes said, was “legally and factually erroneous.”
In the meantime, Hoopes Vineyard and two other Napa Valley wineries, Smith-Madrone and Summit Lake Vineyards, are suing Napa County in federal court.
The wineries alleged Napa County’s rules lack clarity.
Napa County regulations are an “ever changing patchwork of undocumented ‘policies’ and procedures,” according to the complaint filed Sept. 5 in U.S. District Court.
“The few written ordinances Napa County does have are so vague that County wineries are unable to decipher what is and is not allowed and so vague as to allow Napa County officials to use their unfettered discretion to restrict winery operations as they see fit,” according to the complaint.
Historically, Napa County has allowed the general public to come, “consume wine and picnic” on the Hoopes property, according to the federal lawsuit. It has also allowed Hoopes to sell wine-related and other items, according to the court filing.
Hoopes Vineyard operates under a small winery certificate of exemption issued in 1984. According to the county, the permit does not allow tours or wine tastings.
The winery has argued in court filings the property entitlements allow for wine consumption, sale and marketing.
In September, Boessenecker denied Hoopes’ motion to dismiss Napa County’s lawsuit in Napa County Superior Court.
Hoopes had argued that Napa County officials withheld documents that could have been introduced at trial, according to court records.
However, Boessenecker said that Hoopes’ public record request was issued in February after the bench trial had started. Boessenecker also noted in September that he had not issued a final decision on the trial.