Butler County officials are again challenging the Garver Family Farm Market in Lemon Township a month after a county judge dismissed its case.
County building and zoning staff argue the 2-year-old Garver Family Farm Market isn't allowed on land zoned for agriculture. The 10,000-square-foot market serves coffee, wine and food, and hosts live events. The Garver family, which has farmed in Lemon Township for over 100 years, said the market is "incidental to agricultural use" and a way the farm is adapting to the changing agriculture industry.
In March, the county's zoning board ruled in the Garvers' favor and found the market doesn't violate zoning regulations. Dennis Dickard, Butler County zoning and building administrator, appealed that board's
decision in June.
However, Butler County Court of Common Pleas Judge Gregory Stephens dismissed the appeal Aug. 27, finding Dickard didn't have the authority to appeal the decision under Ohio law.
Why is the county appealing?
Now, the county is asking Ohio's 12th District Court of Appeals to overturn Stephens' decision.
Dickard filed an appeal Sept. 23. He is represented by the Butler County Prosecutor's Office.
A legal filing said Dickard is asking the court to decide if Stephens erred in dismissing his appeal. The prosecutor's office has not filed other briefs explaining its appeal as of Thursday morning, and no oral arguments are scheduled yet.
Michael Garver, also a Lemon Township trustee, previously told The Enquirer that the farm couldn't afford to rezone to a commercial district and "if the county gets its way, we will cease to exist."
The Garver family started their farm in 1926 and started a small farm stand in the 1990s. It opened the new farm market, which sits on about 83 acres of land, two years ago.
This article originally appeared on Cincinnati Enquirer: Butler County challenging Garver Family Farm, again
