As Old Mission Peninsula residents wait to hear the ruling on our local winery lawsuit — the trial took place earlier this year and is currently being deliberated by Judge Paul Maloney in the U.S. District Court for the Western District of Michigan — the case has made its way to Napa Valley.
A story by Barry Eberling published in the Napa Valley Register on August 9, 2024 is drawing parallels between the Peninsula Township lawsuit and a possible lawsuit in Napa County. You can read the story here, but because it’s a subscriber-based newspaper, I’ll summarize it below.
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The story begins by asking the question, Will Napa County’s wine world regulation battles be settled in the Board of Supervisors room or the courtroom?
“In Peninsula Township, Michigan, the disputes are in the courtroom,” writes Eberling. “Several wineries sued over what they perceive to be onerous restrictions, from not being able to hold weddings to limits on the merchandise they can sell. They have sought in federal court to overturn regulations they say go too far, but others say keep wineries from becoming event centers at the expense of agriculture. They’ve sought payment for damages, perhaps in the range of $120 million total.”
Read more about those damages here.
Eberling notes that an attorney in the Peninsula Township case has “talked to some Napa County vintners about filing a similar lawsuit, though it’s unclear if anything will be done.”
Robin Baggett of Alpha Omega winery alluded to this at a recent Napa County Board of Supervisors hearing over the latest land use battle, this time involving the proposed Vida Valiente winery.
Baggett says he’s not involved with a potential lawsuit, but he told supervisors what he’s heard.
“If this county doesn’t follow its own rules, its own regulations, its own policies, or impinges on the constitutional rights of its citizens, we’re going to have a new planning commission. It’s going to be a federal judge that sits in San Francisco,” Baggett told supervisors.
“That’s a prediction. I’d hate to see it, I’m not suggesting it could happen, but it happened in Michigan and I hear there are lawyers going along the streets trying to find clients here in Napa right now.”
The Napa Valley Register contacted Joseph Infante, an attorney involved in the Peninsula Township lawsuit, but he declined to talk about Napa County.
Napa vintner Igor Sill said he was among those approached by the Michigan attorneys involved in the Peninsula Township case, but he declined to join a potential lawsuit. “The bottom line is the Michigan case is very, very much in parallel with what’s going on in Napa,” he said.
Sill, who has expressed frustration at being unable to get county permits after seven years to rebuild the winery he lost in the 2017 Atlas fire, has joined other vintners who want to work with the county. Despite roadblocks by environmental activists who he feels pose a threat to Napa County’s agricultural interests and property rights, he believes wineries and grape growers want to do the right thing, such as engage in sustainable farming.
Joelle Gallagher, who chairs the Napa County Board of Supervisors, has heard that attorneys involved with the Peninsula Township case have been contacting Napa wineries about filing their own lawsuit. However, she doesn’t feel it would be a smart move for local vintners.
She said Napa County is updating its general plan, which lays out a vision for the county and was last updated in 2008. “This is the perfect opportunity to come together and actually create what works for our community, so we can have a thriving ag industry and protect our natural resources and continue to have the beautiful valley we all live in.”
Many of the rules governing Napa County wineries — such as requiring post-1990 wine production to use at least 75 percent Napa County grapes — stem from the 1990 winery definition ordinance.
“It’s a foundational policy that protects ag,” Gallagher said. “I believe it would be really shortsighted and foolhardy to attempt to dismantle it.”
That doesn’t mean that Napa County has been without its own lawsuits. In 2022, the county sued Hoopes winery over alleged violations. Hoopes then filed a cross-complaint challenging whether Napa County is applying its rules correctly, as well as whether some of those rules are constitutional.
The case went to trial earlier this year, but Judge Mark Boessenecker has yet to issue a ruling on it.
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The fact remains that every one of these wineries knew the rules and regulations when they opened up here. Now they want to change the conditions that they previously agreed to which is contrary to the Master plan that many residents approve. Nothing but greed for on the part of the wineries and the lawyers.
You lack a basic understanding of what is going on in the ag industry here on the peninsula. I just heard of another farmer who is hanging up his work boots, taking out his trees and selling his equipment. He won’t be the last.
The wine industry like the tart cherry industry is losing markets. Read any statistics on wine sales country wide. The so called big money in wineries has not materialized. In addition to weather foreign competition and just plain wrongheaded local rules which punish local farmers we have an aging farmer population and expensive land making it almost impossible to bring young people along to farm. So please spare me the greed diatribe. Since when is trying to survive and bring new ideas to your business greed. Are you greedy if you ask fo a raise in your job. Or greedy if you seek a better paying job if your current job is not paying you enough to keep up with inflation. People on the peninsula live in a rich man’s bubble. It is not like the rest of the state. People are struggling and farmers state wide are as well. Educate yourself by talking to a farmer with your blinders off.
Or call the Michigan Ag department and ask them for some real forecasts instead of spouting off about greed.
Fact is when the wineries started here, the land did not have to be contiguous. That rule was recently changed by the township. It is a two way street. Perhaps the township should adhere to the regulations it set up years ago & not change them. The master plan is a guide… not an ordinance. I’m okay with ordinances that give farmers their rights under Michigan’s Right To Farm Act.
from napa valley statistics the same probably true for local wineries as well
TASTING ROOM VISITATION WAS DOWN. SHOULD WE BE WORRIED?
Changes in tasting room visitations and average order values
Visitation in tasting rooms experienced a decline during 2023, marking the second consecutive year of declining summer traffic.
some more reading to educate yourself
https://www.theiwsr.com/key-trends-for-the-us-wine-market-in-2024/
notice the steep decline in tart cherry production most cherry farmers are producing at a loss.
https://www.statista.com/statistics/193334/us-tart-cherry-production-since-2000/
notice the projected loss for apples in michigan I guess if farmers want to try something different to make up their losses they will be called “greedy”. I guess the folks who call wineries greedy would say to the apple farmers like Isiah who try different things at their operation you knew what you were getting into! Please folks educate yourself on the difficulties farmers and yes wineries are farmers too are facing.
https://www.michiganapples.com/wp-content/uploads/2024/07/AEWR_Apple_Flyer.pdf
probably more than you want to know
https://www.goodfruit.com/apple-growers-facing-a-crisis-in-rising-guest-worker-wage-rates/
So basically anything should go on Louis’ peninsula—looking forward to high rise hotels on either side of him—as a Libertarian the plan would be no plan. Big outdoor weddings next door hosted by the high rise hotels with unlimited numbers of alcohol fueled guests and Ted Nugent blaring deafeningly amplified Cat Scratch Fever on an otherwise quiet soft Summer night. And with no limits on weddings and numbers of guests at 11 (and ? more) wineries, thousands of intoxicated, high or otherwise feelin’ good motorists on our but two means of ingress and egress to our many new hotels, B&B’s, motels , campgrounds, etc. And with all this traffic, we’ll certainly need gas and charging stations to keep them fueled up. At least we’ll all be able to start drinking and driving from 7 AM until 2 AM all to support Louis’ ag concerns. Thanks for your wisdom and sage anything goes advice!
Kent, where are the commercially zoned properties located for these hotels? Can you present your opinions with facts. Thank you.
Please read my comments and all attachments
Your comments are laughable.
I am trying to pint out that farmers are hurting. You probably are sitting in your mansion that is on former farmland and now don’t want anybody else to come here. Nowhere do I say I want high-rise hotels don’t waste my time in your time with absurd off the wall conjecture.
If you Libertarians have your way we won’t have any zoning or, if we do, it will be dictated by the State, something sought by WOMP in the lawsuit and by some Republicans not long ago. And, of course, zoning is always subject to change if you get the Trustees you want. But I agree with Louis that I do have a sense of humor and that all this back and forth is a waste of time. I bet we’d actually enjoy each other’s company sometime if we got together and I didn’t have to trip over my texting thumb which I hate! You two have a great weekend!
Happy to meet up for a coffee at seven hills anytime.
I am a good listener.