A small Napa County winery was thrown a last-minute lifeline when an appeals court judge temporarily paused enforcement of a multi-million dollar fine in a long-simmering permit dispute.

In the case of Napa County v. Hoopes Vineyard, the California 1st District Court of Appeal in San Francisco stayed enforcement of nearly $4 million in fines and lawyers’ fees on April 8, just two days before the county would have been able to collect.

“If we had done nothing, on April 10 Napa would have been able to enforce the monetary penalties,” said defense attorney Bridget Conlan with the Pacific Legal Foundation. “It would effectively shut her down.”

The stay gives owner Lindsay Hoopes the breathing room she needs to continue appealing the lower court’s ruling in favor of the county, which says wine tastings and tours aren’t allowed at her property.

FILE: String lights add to the ambience of an outdoor patio at Hoopes Vineyard in an undated image from November 2019. The winery is disputing a penalty of nearly $4 million in fines and attorneys’ fees related to code enforcement actions by Napa County, which labeled the winery a public nuisance. (Colleen Harmon/Google)

Conlon said the stay is a huge development for her client.

“We are so happy that the appellate court sees that this is a problem,” Conlon said. “This is absolutely a lifeline she needed to move forward.”

A spokesperson for the county said it’s important to understand that the temporary stay is “procedural” and doesn’t address the merits of the case.

“The State trial court, after a full hearing of the evidence, ruled in favor of Napa County and determined that violations of land use law had occurred,” Napa County spokesperson Holly Dawson said in an email.

What’s at stake

At issue is whether Hoopes ran afoul of the county’s zoning regulations and its “small winery exemption” when she hosted tastings and other events and if she committed various other building code violations, according to a county-run webpage dedicated to the imbroglio.

In November 2024, following a 10-day bench trial, Napa County Superior Court Judge Mark Boessenecker ruled in favor of the county.

Boessenecker went on to impose more than $1.5 million in civil penalties and, when added to the county’s attorneys’ fees, Hoopes is now on the hook for nearly $4 million.

“There has been no evidence that proves (Hoopes) can pay … You’re not supposed to take away someone’s ability to earn a living.”
Bridget Conlan, attorney with the Pacific Legal Foundation

Hoopes argues that the penalty violates the Eighth Amendment to the U.S. Constitution and Article I of the California Constitution, which prohibit excessive fines and cruel and unusual punishment.

“We are not even in the universe of a normal fine,” Conlon said.

Also, Hoopes’ lawyers say the judge failed to establish that she could even afford to pay the award, which they claim will ruin her personal and business finances.

“There has been no evidence that proves she can pay it,” Conlon said. “You’re not supposed to take away someone’s ability to earn a living.”

Kiley Russell writes primarily for Local News Matters on issues related to equity and the environment. A Bay Area native, he has lived most of his life in Oakland. He studied journalism at San Francisco State University, worked for the Associated Press and the former Contra Costa Times, among other outlets. He has covered everything from state legislatures, local governments, federal and state courts, crime, growth and development, political campaigns of various stripes, wildfires and the aftermath of Hurricane Katrina.