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AG Rules Fauquier Winery Ordinance Illegal Day After County Ad Touts Business Friendliness

pinocchio_noseAttorney General Ken Cuccinelli issued an opinion ruling on July 19 that provisions of the controversial Fauquier County winery ordinance are illegal.

General Cuccinilli’s opinion said that certain other provisions on which he did not rule may be illegal, but such illegality would be determined based on facts and circumstances.  His ruling was narrowly tailored to the law.

About a dozen Fauquier wineries sued the county after enactment of the ill-conceived ordinance, which violates the Virginia winery statute.  The ordinance is very anti-winery.

The ordinance also created a “police state” level of discretionary authority. County zoning administrator Kim Johnson could concoct her own violations. The original ordinance also encouraged people to call ‘911’ to report lighting violations.

The ruling comes within a day of Fauquier County releasing a video that it is a business friendly place.  The county video even promotes wines, which seems a little fraudulent, if you ask us.

Anyway, a toast to Fauquier’s wineries!

Comments

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6 Responses to AG Rules Fauquier Winery Ordinance Illegal Day After County Ad Touts Business Friendliness

  1. Tim Hannigan Reply

    August 2, 2013 at 9:03 pm

    Good expose of more government overreach, even at the local level. The AG seems to have a solid understanding of limited government.

  2. Pingback: AG Rules Fauquier Winery Ordinance Illegal Day After County Ad Touts Business Friendliness - Virginia Small Farm and Food Freedom

  3. countryboy288 Reply

    July 21, 2013 at 8:45 am

    Someone will have to sue the county. AG ruling doesn’t change the law.

  4. Madge Eicher Reply

    July 21, 2013 at 8:22 am

    This Wine Ordinance will cost taxpayers of Fauquier County millions when the Virginia Supreme Court rules that (as Attorney General Cuccinelli said)this is illegal. Fauquier County has no authority granted by the General Assembly to regulate Virginia Farm Winery activities and events and the authority of the Virginia Alcoholic Beverage Control Board. The people who wrote this Ordinance giving the authority to the Zoning Administrator will not have to pay the cost of the this illegal activity/Ordinance. They have made the Zoning Administrator to be Judge, Jury and Executioner. You have no day in court. You are charged with a violation by the Zoning Administrator and she sets the fine. This is not American Law, much less Virginia Law nor legal. True this is the opinion of Mr. Cuccinelli. He is the Attorney General of Virginia so he must know the Laws of the Commonwealth. Madge Eicher

  5. countryboy288 Reply

    July 20, 2013 at 9:09 am

    General Cuccinilli’s opinion is only his. Does not change the county code

    • BS Reply

      July 22, 2013 at 5:33 am

      So when Holder rules, it is the law; but when Cuccunelli rules, it is only an opinion. Classic progressive.

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