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Lawsuit Heads to Jury
A Fauquier County jury began deliberations this morning in the civil case between Jerry and Kate Marterella and the Bellevue Landowners Council.
The jurors will consider evidence presented by both sides over the first two days of the trial. Evidence included testimony by more than a dozen witnesses and countless exhibits.
Based on that, the panel will determine whether the Marterellas, who own a farm winery on Falcon Glen Road outside of Warrenton, can continue to sell wine from the tasting room there.
Because the Marterella's 13-acre property is in the Bellevue Farms subdivision, the homeowners association (Bellevue Landowners Council) says the couple's farm winery is subject to its rules and regulations.
The council maintains that selling bottles of wine is a commercial enterprise which is not allowed under its covenants.
Argument in the case specifically hinged on whether the Bellevue Landowners Council engaged in selective enforcement of its rules and regulations, as the Marterellas allege.
If the jury finds sufficient evidence that it did — or if it finds that the council was not legally authorized to enforce its land use rules — Bellevue will be prohibited from keeping the Marterellas from selling wine on their property.
With deliberations pending, the Marterella's attorney, Bob Zelnick, declined to discuss the merits of the case on Tuesday afternoon.
Matt Conrad, director of the Virginia Wine Council, also declined to comment on the case. He did note, however, that the General Assembly recognized the economic importance of farm wineries by approving amendments to the Code of Virginia during its most recent session.
The amendments require localities to consider the agricultural nature of farm winery activities before engaging in any regulatory scheme.
The new law takes effect today.
E-mail the reporter: abogdanovic@timespapers.com
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