Judge: Willow Creek complaints are for SADC By JACK FICHTER WEST CAPE MAY – Judge Allen Littlefield of the Atlantic County Superior Court denied injunctive relief sought by the Borough of West Cape May against Willow Creek Winery and dismissed the boroughs complaint Aug. 18. According to a news release from Willow Creek Winery, in doing so, the judge found that West Cape May was not a proper party to bring the lawsuit in the Superior Court. The borough had filed a declaratory judgment action against Willow Creek Winery 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. The amendments, adopted July 2 direct the State Agricultural Development Committee (SADC) to establish a pilot program for special occasion events subject to 11 enumerated conditions, including municipal site plan review and approval. Borough Solicitor Frank Corrado told the Star and Wave, Littlefield did not rule on the merits of the claim and stated any complaint about what the law requires should be brought to the SADC rather than Superior Court. Corrado said the borough disagrees with the judge. Any further action by the borough was scheduled to be discussed in closed session at West Cape May Borough Commission’s Sept. 24 meeting, he said. Corrado said the borough has the option of appealing the judge’s decision or filing a complaint with the SADC. “The borough could do both if it wanted to,” he said. Corrado said the issue is a question of interpreting what a state statute states which is a function of the court. Willow Creek Winery has maintained the boroughs actions are driven by Mayor Kaitherns personal motives and vendettas and those of her business associates and have nothing to do with the law, according to a new release. “The state legislature went to great pains to adopt legislation permitting preserved wineries to do weddings and other special occasion events,” stated the release. “Despite this, Kaithern and her cronies recklessly used taxpayer money to file a suit which had no basis in law or fact.” According to the release, Willow Creek Winery was filing an ethics complaint with the state Ethics Board against Kaithern on Sept. 19. In August, Kaithern told the Star and Wave, “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 said West Cape May 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,” stated Kaithern in an August release.
Posted on: Fri, 19 Sep 2014 20:14:48 +0000
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