By Kerana Todorov | WineBusiness.com |
A small family-owned Napa Valley winery has been ordered to close at least temporarily after losing another round in court.
Napa County Superior Court Judge Mark Boessenecker on Thursday ordered Hoopes Vineyard to stop serving wine to the general public or sell such items such as soap, books and wine openers, according to the injunction.
The order was filed as the legal fight between Napa County and Hoopes Vineyard continues over what the winery can and cannot do on its property south of Yountville.
Under the court order, the winery also has two weeks to move animals housed at the winery off of Washington Street. The animal sanctuary includes chickens and five horses.
In addition, Boessenecker ruled that Napa County code compliance officers can Inspect the site anytime from 9 a.m. to 6 p.m. seven days a week.
Owner Lindsay Hoopes said this weekend the ruling should be appealed. Hoopes has filed a notice of appeal, she said.
The court prohibited any wine consumption at the winery, even by its winemaker, Hoopes noted. The winery’s winemaker is a consultant.
Hoopes’ lawyer, Katharine Falace argued in court recently that an injunction would take away the winery’s vested rights. Hoopes Vineyard does have an Alcohol Beverage Control license issued by the state of California to produce and sell wine.
Hoopes has argued that an injunction would affect other wineries.
In his order, Boessenecker ruled that the Hoopes has to stop all winery activities that do not comply with Napa County rules until it obtains a “valid use permit authorizing any such activities and any necessary and related building, grading, or other permits.”
On Friday, a Napa County representative said the court’s order ensures “compliance with existing laws.”
“The injunction outlines the steps necessary for Hoopes to comply with legal requirements — something Napa County has been asking for the outset,” according to the statement.
“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, Napa County spokeswoman Linda Weinreich wrote in the statement.
Napa County anticipated Hoopes to file an appeal against the injunction, according to the statement. The County is prepared to respond, Weinreich said.
The winery’s legal odyssey began in 2022 when Napa County filed a complaint against Hoopes Vineyard
A bench trial took place early 2024. In November, Boessenecker ruled the winery had violated the terms of its entitlements of its by hosting wine tastings, tours, and participating in other activities such as housing animals on the property.
Napa County is seeking $8 million in penalties, fees and other costs from the winery and owner Lindsay Hoopes. A hearing is set for April 29 in Napa.
Hoopes Vineyard operates under a small winery permit exemption issued in 1984 under a different ownership. The permit, which was transferred to Hoopes when the family purchased the winery in 2017, does not allow wine tastings and tours.
Napa County’s lawyers have argued in court that Hoopes Vineyard did not seek a permit because it did not want to pay for the costs of making the necessary improvements to the property.
But Lindsay Hoopes and others have said repeatedly Napa County rules are unclear and arbitrary.
Hoopes and two other wineries have filed a federal lawsuit against Napa County for allegedly violating their constitutional rights, according to court filings. That case is ongoing. The other wineries involved are Summit Lake Vineyard and Smith-Madrone Winery.
The wineries alleged that Napa County’s rules are not “based on clear, understandable ordinances, but rather upon an ever-changing patchwork of undocumented policies, procedures, and interpretations,” according to the amended complaint.
Napa County has filed a motion to dismiss the case or decline to hear the claims, according to court filings. The next hearing in that case is Feb. 28 in U.S. District Court.