Response to OPRA Request Quizzed, Vintner Believes Farm Rights Covered

WEST CAPE MAY—Barbara Wilde filed an OPRA request with the Borough of West Cape May Aug. 16.
OPRA stands for the Open Public Records Act. It states, “government records shall be readily accessible for inspection, copying, or examination by the citizens of this state… and any limitations on the right of access accorded by [OPRA] shall be construed in favor of the public’s right of access.”
The custodian of records has seven days to comply with the request. The West Cape May Clerk provided several dozen documents, many of which had redactions, to Colin G. Bell, Wilde’s lawyer. Wilde believes some documents were withheld. Because of that, Bell filed suit on her behalf Oct. 15.
In the pleading, Bell made the argument that as the statute holds that in any action to enforce the provisions of OPRA, “the public agency shall have the burden of proving that the denial of access is authorized by law.” Wilde and her attorney want the borough to explain why a redaction was made for several of the documents, especially those that deal with the billing records of Frank Corrado, borough solicitor. A failure to either provide the documents or produce a written statement of reasons for denying access to the same or an explanation for redactions within the seven-day window constitutes an illegal denial of access.
After viewing copies of the materials submitted to Wilde, this writer noted what appeared to be sections that have been whited out. Wilde believes those indicate conferences that Corrado had with West Cape May officials concerning her or her enterprises. If her side prevails the statute provides that an aggrieved party may obtain attorney’s fees as the result of the municipality’s failure to abide by the law.
Corrado said that he was “certainly not going to comment on an ongoing court case” except to say that the OPRA statute excludes certain matters and that these matters are subject to redaction under OPRA. He believes that the borough clerk acted appropriately and followed the rules. He also noted that Wilde had filed “more than one lawsuit” against the borough.
Wilde disagreed. “Why would his billing records be privileged?” She believes this is “more total harassment” by the borough and its solicitor.
The underlying issue causing these many legal machinations is simple. Wilde is the owner and operator of Willow Creek Winery, a property in West Cape May. In 2003, Wilde availed herself of the county’s Farmland Preservation program. Under that program the landowner is paid and a deed restriction limits activities to those that are farm related. The goal of the program is to preserve the rural farming character of the area.
Under this deed restriction, development and commercial enterprises are banned. Activities with a nexus to the products being produced are permitted. This is the heart of the dispute. Wilde’s position is that “life events such as weddings and birthdays” which feature wine are a “permitted activity.”
The borough takes an opposite stance. The State Agriculture Development Committee would appear to side with the borough.
Susan Payne, executive director of the N.J. State Agricultural Development Committee sent Wilde a letter stating that “no celebratory events were permitted under the easement.” The borough and Mayor Pamela Kaithern have echoed that position concerning what the definition of “celebratory event” is. Do these events include large weddings with hundreds of guests and a band or simple baby showers where guests taste wine while giving gifts?
Wilde says any events that Willow Creek Winery hosts are for the purpose of “promoting my farm and product.” They are part of “agri-tourism for the county” said Wilde. She also believes that she has the backing of the Cape May County freeholders and produced a letter from Freeholder Will Morey to the Agriculture Development Committee that seemed to support her assertion.
One of Willow Creek’s neighbors, who asked not to be identified, has one concern. “We all want the pastoral rural character of this area to be preserved. Willow Creek is beautiful and we all want it to succeed as a farm and a vintner but a big commercial operation there with loud events would violate the signed easement and the rural atmosphere. It’s very clear.”
Neighbors want to maintain peace and quiet.
For her part Wilde, who employs 20 full-time, year-round workers, promises to abide by all noise and safety regulations. “I just want to be left alone,” she said.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.