A York County winery overlooking the Susquehanna River is being forced to close for the second time this year following new rulings in a long-running legal dispute with neighbors who argue the winery violates restrictive covenants governing use of the property.
Moon Dancer Vineyards & Winery must cease operations by July 18, according to an order filed July 8 in York County court.
The winery closed on June 9 following a previous order to shut down, but it was cleared to reopen June 21 while judges reconsidered the case.
In an interview, winery owner Jim Miller said he planned to appeal the orders closing his business and explore ways to keep it going during the appeal.
But he acknowledged that it would not be easy, particularly given the uncertainty of the appeals process.
“We have, over the last 20 years, created a destination winery that really can’t be duplicated,” said Miller.
A former bond trader, Miller founded the winery in 2004 in a section of the upscale Lauxmont Farms housing development in Lower Windsor Township.
Mark Bradshaw, an attorney representing the neighbors, Amanda Perko and Matthew Balsavage, said the latest order is consistent with what his clients have been seeking.
“My folks’ position is, always has been and remains that the winery operations are prohibited under the deed restrictions,” said Bradshaw, who is with law firm Stevens & Lee. “We’ve always seen this as a very simple case.”
How did we get here: Perko and Balsavage filed their lawsuit in 2018.
Moon Dancer has argued that its operations, which occupy about 50 acres, are allowed under zoning rules and have been permitted by the township.
However, Bradshaw argued that the more-restrictive deed covenants are what hold sway.
The initial rulings sided with the neighbors.
But after it was forced to close the first time, Moon Dancer asked judges to reconsider and blamed a breakdown in communication with its previous attorney.
In a pair of related rulings on July 3 and July 8, county Judges Matthew Menges and Clyde Vedder declined to reverse their previous decisions. The judges each had been assigned motions in the case.
What’s next: The recent rulings are likely the final word at the county level.
Moon Dancer has 30 days to appeal the decision to state court.
