By Barry Eberling | Napa Register |
Napa Superior Court has issued a preliminary injunction barring Hoopes Vineyard from holding tours and tastings and selling merchandise.
Judge Mark Boessenecker issued the order on Thursday. It helps enact his previous ruling in favor of Napa County, which sued Hoopes for allegedly breaking county rules by hosting visitors without county approval.
“We expect Hoopes to file an appeal to challenge the injunction and are prepared to respond to such an appeal,” a Friday county news release said. “We anticipate that Hoopes will act in accordance with the terms of the preliminary injunction.”
Napa County is also seeking $8 million from Hoopes winery in fines, attorney fees and other costs. Boessenecker has yet to rule on this request.
Lindsay Hoopes of Hoopes winery couldn’t be reached immediately Friday for comment.
In a Jan. 24 court filing, the Hoopes legal team said Napa County was seeking “an oppressive injunction with clear purpose to render Hoopes’ lawful winery commercially useless.” It also said the court’s decision had implications for other wineries.
Napa County sued Hoopes Vineyard in 2022, alleging that the winery was illegally hosting visitors and selling various items, among other violations. The winery was established in 1984 under a small-winery exemption that the county said doesn’t allow such activities without obtaining a use permit.
Hoopes winery filed a cross-complaint, saying the county misinterpreted its own regulations and that some of the rules are unconstitutional. Hoopes winery is also suing Napa County in federal court.
County attorneys during the February trial said Hoopes didn’t seek a use permit because of the potential cost. Hoopes attorneys denied the winery needs such big-ticket upgrades as wastewater system improvements.
Napa County has argued that its rules are necessary to protect its agricultural preserve from over-commercialization. Among other things, the Hoopes side argued that California law allows the winery to have visitors.
“Nothing in the order prevents Hoopes from applying for the appropriate permits to obtain any entitlements they may seek—and the county continues to encourage Hoopes to obtain such permits,” the county press release said. “The injunction applies solely to Hoopes, their employees and agents or anyone acting on their behalf.”