A citizens group is proposing its own idea for a settlement in an ongoing legal battle between Peninsula Township and local wineries. But it's not clear that either side in the dispute wants to hear it.
Eleven wineries won a $50 million judgment against Peninsula Township in a case about unconstitutional zoning.
The wineries proposed a settlement but the public has only seen an overview of that — things like standards on noise and tents for outdoor events. The details of what they’re asking for remain confidential.
The wineries have asked the township to negotiate settlement terms in closed meetings, citing a gag order from the court.
A citizens group called Protect the Peninsula was allowed to intervene in the case. And they’ve got a problem with confidential settlements.
Earlier coverage
In July, a judge ordered Peninsula Township to pay about $50 million to wineries. See how the story has unfolded since then.
"Well, I think it's a form of attempted legal extortion," said Mike Dettmer, who is on the board of directors for Protect the Peninsula. The group has publicized its own settlement terms, and is hosting a meeting on Nov. 24 to discuss them.
"You can't have zoning by confidential agreement," Dettmer said. "It's always a public process, and the wineries have to figure out how to accept that proposition."
Protect the Peninsula wants 11 separate settlements for each of the 11 wineries suing the township. Overall, though, they think the wineries should stick to winemaking and agriculture.
And they want the wineries to relieve the township of the $50 million payout.
The group representing the wineries is called WOMP, short for Wineries of Old Mission Peninsula. They declined to comment for this story. In a previous interview with IPR, the group expressed a desire for finding an agreement and more clarity in zoning.
Peninsula Township Supervisor Maura Sanders said she applauds PTP holding a public meeting to discuss their settlement terms.
"I think they are pretty reasonable terms that they're asking about. Whether the rest of the [township] board would agree with me or not, I'm not sure," Sanders said. "There are three parties involved in this case. So all three parties have to come to agreement to get through formal mediation and find a settlement that works."
Right now, though, PTP isn’t at the table. The judge’s opinion questioned the group’s right to be involved in the lawsuit (a right which was granted by an appeals court after and initial denial) and accused them of “stifling development on the [Old Mission Peninsula].”
Only the wineries and the township have met to discuss the wineries’ proposed settlement. The wineries have said that after those zoning changes are settled, they’d discuss lowering the damages.
"I can't comment too much on why WOMP feels that it needs to be done in secrecy and that this is being held over the residents' heads," said Sanders, the township supervisor. "I mean, it is an incredible burden that is creating incredible heartache for many of our residents. Transparency is absolutely crucial to this process, because it affects every single one of us residents out here."
For now, the township is moving forward with confidential mediation with the wineries. In the meantime, appeals filed by Peninsula Township and Protect the Peninsula will continue in the courts.
