Marterella back in court
A retired Arlington Circuit Court judge ruled Monday that Kate Marterella's case against Bellevue Landowners Council will be heard next summer. The HOA attempted to have the case thrown out on Monday. Fauquier Times Staff Photo/Randy Litzinger
Winery owner Kate Marterella is heading back to the courtroom next summer thanks to the ruling of a retired Arlington County Circuit Court judge on Monday.
Warrenton-based Bellevue Landowners Council was attempting to get the lawsuit initiated by the owner of Marterella Winery thrown out through the process of a demurrer hearing.
A demurrer hearing asks a judge to consider if there is a legally sufficient claim. However, after hearing the case from both sides during the hour-long proceeding, judge Joanne Alper ruled that the case be allowed to continue.
A three-day trial date is tentatively scheduled for June 16, 2014.
After winning a previous lawsuit launched by the HOA, Marterella filed her own lawsuit this summer in which she claimed the HOA violated its own by-laws, caused special injury and that the HOA and various individuals formerly associated with the HOA conspired to close her business.
In legal documents obtained by the Fauquier Times last month, Marterella accuses members of the HOA of being behind both an IRS audit in 2011 and recent complaints to the Alcohol Beverage Control Board and the Fauquier County Zoning Office.
Those complaints led to two separate investigations of her winery, said Marterella.
For the complete story, pick up a copy of Wednesday's Fauquier Times.
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