(Editor’s Note: OMP resident Lou Santucci harks back to a Peter, Paul and Mary song (written by Pete Seeger) in his latest opinion piece regarding the winery lawsuit. Read on for his thoughts. If you’ve got something to say about anything related to the Old Mission Peninsula, write it up and send it to me, [email protected]. Note that you may only submit opinion pieces once every 30 days. -jb)
As a child of the 60’s, I well remember the Peter, Paul and Mary song “Where Have All The Flowers Gone” and the line “When will they ever learn.” That refrain seems an adequate starting off point for this opinion piece on Peninsula Township’s loss in their latest motions.
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Given that the Township has already sued two former lawyers, will the Fahey firm be on the hook once the Township realizes that the many motions that have been denied were a waste of money, time and energy? Will the winery legal bills engendered by these countless losing motions be part of the settlement?
The state of play on motions so far is Township: near zero; Wineries: up many. In the latest court ruling, dated Feb. 16, 2024, U.S. District Judge Paul Maloney denied two Motions to Dismiss filed by Peninsula Township.
As noted in the ruling, “The Court will deny the motions because employing the finality doctrine in this matter would be futile, and Plaintiffs’ claims are not moot.” (Editor’s Note: Read the full ruling here.)
It is interesting to note that the Judge saw the Township’s rewrite of the winery ordinances as problematic. You will recall that many farmers on the Peninsula warned the Township that not only was the ordinance anti-farmer, but was most likely illegally passed.
Remember when our planner illegally (in my opinion) refused on her own to accept SUP amendment applications brought to her by one winery and a winery applicant? This refusal was done during the period provided for by law whereby a zoning ordinance amendment is not enforceable when a notice of petition has been filed to rescind it, which was the case. This issue has been challenged in another lawsuit by one of the aggrieved parties. I think the Township will lose on that one, as well.
What folly this winery lawsuit has become. Despite the fact that the Township keeps losing its motions they continue to press on. This whole matter could have been resolved a long time ago. Now we are facing substantial damages.
So I ask again, when will they ever learn? Sadly, I think I know the answer.
(Editor’s Note: Read all winery lawsuit news and opinions here. -jb)
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“They paved paradise and put up a
parking lot
With a pink hotel, a boutique and a
swingin’ hot spot
Don’t it always seem to go
That you don’t know what you’ve got ’til
it’s gone?..:”