Winery, Borough Settle Suit, Hearing Scheduled on Ordinance to Pay Owner

WEST CAPE MAY – A public hearing is set June 22 at 7 p.m., on an ordinance to provide an “emergency appropriation for the funding of a litigation settlement” for the borough. In that matter, the borough must pay Willow Creek Winery’s owner a $550,000 to settle a federal civil rights case plus an additional $10,000 to settle an Open Public Records Act (OPRA) case. 
Ordinance 511-16 was introduced at the commissioner’s meeting May 25, following a day of mediation between the parties conducted by retired New Jersey Superior Court Judge Michael Winkelstein. The ordinance is looking for $300,000, which is not included in the borough’s budget. A second reading of the ordinance and a public hearing will be held at Borough Hall, 732 Broadway.
As a result of the settlement, all claims have been resolved between winery owner Barbara Wilde and the municipality, without any admission of fault or liability. “The public can judge for themselves by the size of the settlement,” said Wilde’s attorney, Colin Bell, of Hankin Sandman Palladino and Weintrob Law Offices, Atlantic City. He indicated the borough’s budget is about $2.3 million.
Repeated attempts to reach borough Solicitor Frank Corrado, were unsuccessful, as were attempts to contact Municipal Clerk Elaine Wallace, who emailed a release May 27 directing contacts to Corrado and Bell. Corrado is with Barry, Corrado & Grassi, PC, Wildwood.
According to Bell, the lawsuit was filed in October 2012 because Wilde believed her rights to due process and equal protection under the law were violated by the borough. Both are protected under the 14th Amendment to the U.S. Constitution.
“Essentially, we believed the borough was interfering with Ms. Wilde’s right to develop the winery,” Bell explained. “There was testimony and depositions that the reason the borough didn’t want the winery doing special events and weddings is because the mayor did weddings on the side. There also was testimony that the building and code inspector slowed the construction, causing Ms. Wilde unreasonable delays.”
The OPRA case concerned correspondence and legal bills related to Wilde’s farm, according to Bell. “There was redacted information, and we thought we were entitled to more,” he said. While the borough initially won the lawsuit, Bell said Wilde won on appeal. The settlement was for additional attorney and other expenses.
“Ms. Wilde is a large taxpayer and employer in West Cape May,” Bell said, “and now some of that (tax) money is coming back to her in the form of the settlement.”
Half of the settlement is to be paid within 30 days from the time of the agreement, and the remainder by the end of July.
The case was scheduled for trial Sept. 27.
“I’ve been doing this about 10-11 years, and this was the longest one-day mediation I’ve had,” Bell noted, explaining that it started at 10 a.m. and ended at 7:15 p.m. “We agreed essentially to the terms at the end of the day. All outstanding litigation has been resolved.”
The borough also agreed to drop a complaint filed with the Agricultural Development Board claiming non-compliance with the Right-to-Farm Act.
Wilde still has a tax appeal pending from last year, but that is unrelated to the federal suit, he noted.
“In the end, we are happy with the outcome,” Bell said. “Now, Ms. Wilde can go back to operating a business in (West) Cape May and the government can go back to governing.”
According to the winery’s website, the winery is on a 50-acre farm, a combination of preserved and unpreserved farmland. Open year-round; it is located on Stevens Street.
The proposed ordinance can be found here.
To contact Karen Knight, email kknight@cmcherald.com.