"We recommended to the county to wait for the Court of Appeal to rule on whether the (permanent) injunction was legal, but the county did what they did," Hoopes told the Journal."
"On Feb. 11 it filed a motion to vacate Boessenecker's Nov. 3 judgment, asserting that the penalties are unconstitutionally excessive and would bankrupt the family operation."
"The total award includes $1.53 million in civil penalties ($1,250 a day for 1,220 days), $2.25 million in attorney's fees, $111,230 in abatement costs and almost $70,000 in statutory costs."
"The permanent injunction bars a wide range of activities at the winery property at 6204 Washington St. just south of Yountville, including public wine tastings and consumption, tours, marketing events, merchandise sales, sale of wine not produced on-site and food service."
Hoopes Family Winery Partners LP, Hoopes Vineyard LLC and owner Lindsay Hoopes were ordered by Napa County Superior Court Judge Mark Boessenecker to pay nearly $4 million after a preliminary injunction was converted into a permanent injunction. The judgment comprises $1.53 million in civil penalties, $2.25 million in attorney's fees, $111,230 in abatement costs and roughly $70,000 in statutory costs. The permanent injunction prohibits public tastings, consumption, tours, marketing events, merchandise sales, sale of wine not produced onsite and food service at the Washington Street property. The winery has appealed and retained Pacific Legal Foundation to seek relief.
Read at The Mercury News
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