The litigation began in January 2017 after Amanda Perko noticed traffic on the driveway she shared with Moon Dancer Winery in Lower Windsor Township, south of Wrightsville.

Perko, in a complaint filed in York County Court, asserted that the winery was in violation of the covenants of the subdivision, a section of Lauxmont Farms described in the suit as “an exclusive residential community.”

The suit morphed as Perko and Matthew Balsavage, who live next door to the winery, filed a second complaint asserting that the winery was in violation of the deed restrictions of the subdivision, called Section III of Lauxmont Farms.

The litigation wound its way through the legal process and in May Judge Clyde Vedder ruled in favor of Perko and Balsavage and gave the winery 20 days to cease doing business.

Time was up this week, and Moon Dancer Winery will have to close.

Legal matters aside, winery owner Jim Miller said, “The bottom line is we had to close.”

The winery will remain open this weekend and will shut its doors Sunday, Miller said. The winery has live music Saturday and Sunday and will extend its hours slightly Sunday evening, Miller said.

“This really blindsided us,” Miller said.

Miller has owned the property, which overlooks the Susquehanna River, since 1998, preserving 50 acres of farmland on which it grows its grapes. The winery opened in 2004.

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Shortly after they moved into the house in Klines Run Road in 2016, Perko and Matthew Balsavage assert in the lawsuit, they noticed delivery vehicles and commercial traffic on the driveway their home shares with the winery. Sometimes, according to the complaint, confused drivers wound up at their home, which the complaint asserts is trespassing.

The suit over the use of the driveway cites the covenants of the subdivision that say “the intent in the Lauxmont Farms Residential Community is to create a residential community which is aesthetically pleasing, functionally convenient and capable of sustaining itself (as) a privately controlled community.”

The covenants prohibit “any activity … that tends to cause annoyance or nuisance to residents of the community.”

The suit also claims that Miller had promised to direct traffic to the winery’s main entrance and put in a parallel access road to divert traffic from the shared driveway. The sign marking the entrance via the shared driveway called it the business’ “winter entrance.”

The complaint asserting that the winery was in violation of deed covenants, filed in 2018, cites restrictions that mandate that “all home sites within Lauxmont Farms Residential Community shall be used primarily for residential purposes.” The covenants allow residents to have offices, woodshops or craft shops in their home “so long as such use does not create regular customer or client traffic.”

The suit also asserted that Miller did not use the property as a residence and was using it “for a commercial purpose, specifically a winery, as well as a concert and/or festival venue.”

Miller’s attorney responded by citing a December 2005 Lower Windsor Township Zoning Board ruling that the winery was in compliance of local regulations.

The court order shutting down the winery surprised Miller. He said he had just hired his summer staff. “We thought it had been put to rest,” he said Friday afternoon. “We’re really proud of what we do here.”

Miller said he hoped the closure would be temporary and that the matter can be resolved. He declined to discuss details of the litigation.

“The bottom line is we run a great business,” Miller said. “We have great support, both locally and regionally. We hope this will be temporary.”

Balsavage referred questions to his attorney, who said the court record reflects his clients’ position on the matter.

Columnist/reporter Mike Argento has been a York Daily staffer since 1982. Reach him at mike@ydr.com. For the sake of full disclosure, the band he plays guitar in has performed at Moon Dancer.

This article originally appeared on York Daily Record: Judge orders Moon Dancer Winery to close after lawsuit over land use