RICHMOND â Four neighbors near the Balderdash Cellars farm property have sued the town, its three Select Board members and the wineryâs owners in an effort to overturn a special permit amendment granting permission for events with live music on certain days, at certain times, with noise restrictions for outdoor amplified performances.
The complaint, first filed at Berkshire Superior Court in late March and revised this month, calls the amended Select Board decision âarbitrary and capricious, erroneous and in excess of the Board of Selectmenâs authority.â
The civil lawsuit asks the court to bar Balderdash, on State Road (Route 41), from holding any farm functions involving music. The neighbors also seek a requirement that the building inspector âmonitor and enforce the sound levels generated by any farm function activities.â
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