Marterella Triumphant!
Happy news, that Marterella Winery reopened its tasting room this past weekend. Kate Marterella won her case and received a ruling from the Virginia Supreme Court in her dispute with the Bellevue Landowners’ Council. That decision was handed down on 11 May 2012 by the Virginia Supreme Court.
The winery is in a rural subdivision called Bellevue Farms, governed by a homeowners association. Covenants in the association’s governing documents require that any commercial activity on the property required the approval of a committee. Jerry and Kate Marterella, the founders of Marterella Winery, had argued that the rules expressly permitted agriculture (with the assumption that operating a tasting room is part of that bundle of rights), and since another winery called Mediterranean Cellars already operated literally across the road, they reasonably expected approval and made a substantial investment in their winery and tasting room. The Bellevue Landowners’ Council disagreed, and in 2008 sued to shut them down.
The case went to court in 2009, and a jury found in the favor of the Marterellas, but the judge, Fauquier County Circuit Court Judge Jeffrey W. Parker, set asided the verdict and entered in favor of the Bellevue Landowners’ Council and awarded the Council more than $100,000 in attorney’s fees, effectively shutting down their business. A story in The Washington Post noted that in reinstating the verdict, the Virginia Supreme Court wrote that
The jury had been charged with determining whether the homeowners association’s statements permitted the winery with a tasting room, whether the Marterellas relied on those statements in starting their business, and whether they incurred expense based on that, according to the Supreme Court ruling. “Nothing in the jury instructions required the jury to find that the Marterellas’ interpretation of the word ‘agriculture’ was reasonable,” or that other decisions they made were reasonable, the ruling says; that standard was ‘injected’ by the trial court.
The Supreme Court ruling reinstates the jury verdict and reverses Judge Parker’s decision and voids the award of legal fees. What does that mean for the Landowner’s Council? Kate informed us that it means they are responsible for her legal fees, which are in the range of $400,000, plus paying their own legal fees which are now in excess of $150,000. Getting an award of fees is not the same as collecting, so the association will likely have to look to its members to pay these onerous bills.
The root of Judge Parker’s reason for setting aside the jury verdict goes to that interpretation of “agriculture” and in this instance, the question of whether agricultural activity at a farm includes the sale of the finished product. The answer, mercifully, is “yes.” Had they gone the other way and sided with Judge Parker’s interpretation, the case could have opened up a host of deviltry by neighbors who take issue with tasting rooms everywhere. The Bellvue Landowners’ Council’s attorney characterized Marterella as a “tavern;” other jurisdictions take issue with traffic and seek to restrict them in the name of public safety. While this decision is great news for farm wineries and gives greater clarity to the definition of “agriculture”, we must still remain vigilant and cognizant that we all need to be good neighbors. We’ve explored this issue of control of winery activities before in posts about zoning controversies in Fauquier and Albemarle Counties, and in Santa Barbara County, California.
After that long, difficult and expensive battle, its a bittersweet victory for Kate Marterella, after prevailing in her case against the — Homeowners Association and losing her husband Jerry to Melanoma on 23 April 2012, just weeks prior to the decision being handed down. In his memory you can donate to the Marterella Melanoma Foundation.
All of the news stories we saw reported that the winery planned to re-open its tasting room on Memorial Day Weekend. We stopped to see Kate that day, and the place was bustling. Show your support and stop by — but call first; their website isn’t live, and every online resource still announces that they are closed. The only place we’ve found confirmation is on Facebook, so check there first.
Marterella Winery, 8278 Falcon Glen Road, Warrenton, Virginia 20186 (540) 347.1119



















