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Winery Wins Lawsuit
The Bellevue Landowners Council acted unfairly when it tried to prevent Jerry and Kate Marterella from selling wine at the tasting room on their farm winery, a jury ruled July 1.
The panel reached its decision after deliberating for less than two hours. In order to do so, jurors considered evidence presented during a three-day trial in Fauquier County Circuit Court.
Now Jerry and Kate Marterella, whose 13-acre property is located on Falcon Glen Road near Warrenton, can continue to sell wine there without interference from the homeowners' association.
"We are joyful and proud that we prevailed," a tearful Kate Marterella said Wednesday. "We are deeply appreciative of the support the community and the state has given us."
The Marterellas, who invested approximately $600,000 in their farm winery from 2000 to 2003, were at odds with the homeowners' association for several years over their right to sell wine on their property.
The couple claimed it was their right to do so, while the homeowners' association claimed the activity was a commercial enterprise conducted in violation of its land-use rules.
Allowing a jury to determine who was right was critical to the outcome, according to the BLOC's attorney, Daniel Streich.
"It was a good call on the Marterellas' part to bring this before a jury," he said. "A jury is more attuned to the principle of fairness [argued in this case] than to the legal concepts which tend to be somewhat dry."
If a judge had to determine the outcome, Streich said, there could have been a different result.
See the Fauquier Times-Democrat for the complete story...
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