WEST CAPE MAY – The Borough of West Cape May filed a declaratory judgment action against Willow Creek Winery Aug. 7, seeking to enforce a recent amendment to the Right to Farm Act that prohibits preserved farm wineries from hosting weddings or other “special occasion events” unless certain conditions are met.
A release from Mayor Pam Kaithern’s office stated, “The amendments, adopted July 2, direct the State Agricultural Development Committee to establish a pilot program for special occasion events subject to 11 enumerated conditions, including municipal site plan review and approval.
“Willow Creek Winery, a preserved farm, has indicated that it will continue to hold weddings and other special occasion events on its premises despite its failure to comply with any of the newly-enacted statutory conditions.”
“This is about compliance with the law,” stated Kaithern. “While West Cape May welcomes wineries and agricultural tourism within its borders, it is imperative that these activities be conducted in accordance with the law and in a way that properly balances the state’s interest in agricultural tourism with the legitimate interests of a municipality. The new amendments do just that.”
Kaithern made clear that the borough had asked the winery to comply with the law and cease holding special occasion events, but that the winery declined. “We were left with no alternative but to file this action,” she stated.
The borough is asking for a declaration that the new statute prohibits special occasion events absent compliance with its conditions, and an injunction prohibiting the winery from holding such events until it satisfies the conditions.
Willow Creek Winery’s Response
Attorney Colin Bell is representing Willow Creek Winery in the lawsuit. In a conversation with The Herald, Bell denied the allegations of the lawsuit and said the winery intends to “vigorously defend themselves.”
“If you review the legislation, it says that this was going to be allowed for 44 months as a pilot program, as long as you comply with the 11 requirements,” Bell said. “There’s nothing about admission to the program or an application process to the program – it just says it will be a pilot program permitting special occasion events at wineries provided they comply with the 11 conditions.
“In our view, it’s just another attempt to stop Willow Creek from operating and to treat it more harshly than the other farms that are located right next to it.”
In a release from the law firm Hankin, Sandman, Palladino, and Weintrob, Bell wrote, “The Borough of West Cape May continues the pattern of harassment and discrimination against Willow Creek Winery. The lawsuit has no basis in law or in fact.”
“Now that special occasion events, such as weddings, are expressly permitted by law, West Cape, apparently at the direction of its mayor, is making another frivolous and desperate attempt to shut the business down.”
The complaint, Borough of West Cape May v. Willow Creek Winery, Inc., was filed in the Cape May County Superior Court.
Avalon – Still denying that this is the most shady thing ever? It goes to show that these politicians have been finally caught and the elections are tough to win when people are watching. Let’s be clear…
