Danville-Boyle County Planning and Zoning Commission filed a lawsuit against Andre and Linda Brousseau, owners of the winery at Old Crow Inn, saying that they are illegally operating a winery, bed-and-breakfast, and craft and pottery studio on their property.
The lawsuit particularly asks the court to stop the Brousseaus from selling agriculture and craft products not made on the property, including hot cases of beer.
The suit was filed Wednesday in Boyle Circuit Court.
The Inn is on land that has been zoned R-1, low density residential, which is generally reserved for one-family houses.
The lawsuit asks that the Brousseaus stop all activity not allowed in an R-1 zone or not allowed by the conditional use permit issued in 1997.
If the property were not zoned R-1 then the Brousseaus would be allowed to sell whatever they wanted, P&Z executive director Paula Bary has said. The front part of the Brousseaus property is zoned highway commercial, but the winery building is 40-feet shy of that zone and sits in R-1. As such, they need a conditional use permit.