The land-use dispute between Moon Dancer Vineyards & Winery and neighboring homeowners is taking a new twist.
In a legal filing last week in York County court, the neighbors, Amanda Perko and Matthew Balsavage argue that the winery in Lower Windsor Township appears to be violating limits on its operations set by a recent court order.
They argue that the order restricts Moon Dancer to growing grapes on its property, making wine from those grapes, and offering winery tours and tastings. The order also allows “limited production and service of food featuring ingredients grown on the property,” according to the filing.
The neighbors argue that Moon Dancer’s events, including a lobster-themed reopening festival scheduled for Aug. 17, violate the order.
“Moon Dancer is defiantly acting in bad faith by its full resumption of all prior activities, in flagrant disregard of the actual strictures imposed by the order in question,” the plaintiffs’ filing alleges.
They want the court to either shut down Moon Dancer or clarify that the venue is not allowed to host large-scale public events like weddings and music festivals.
Moon Dancer owner Jim Miller argued that the plaintiffs are misinterpreting the order and said his lawyers are filing a legal response.
“The ruling was very clear that we are allowed to continue as we have historically for the last 20 years,” he told biznewsPA.
The background: Perko and Balsavage filed a lawsuit in 2018 arguing that Moon Dancer’s business operations violate deed restrictions for their subdevelopment, Lauxmont Farms, which overlooks the Susquehanna River south of Wrightsville.
York County judges have twice ordered the winery to close this year and twice allowed it to reopen, with the latest reopening order coming last week.
That latest order is the one cited in the neighbors’ most recent filing.
The underlying case is now on appeal before a state court.
