A judge dismissed Butler County's court challenge against Garver Family Farm Market on Aug. 27.
County officials argued the two-year-old Garver Family Farm Market − which serves coffee, wine and food − wasn't allowed on land zoned for agricultural use. However, the Garver family, which has farmed in Lemon Township for over 100 years, said the market was "incidental to agricultural use" and should be permitted.
Officials can still appeal the dismissal, but Michael Garver told The Enquirer he views it as a "major, major win."
"I am so happy that the judge made the right decision," Garver said.
Dennis Dickard, Butler County zoning and building administrator, did not respond to an email and phone call asking if he plans to appeal the decision or take
any alternate action against the market before publication of this story. The Butler County Prosecutor's Office also did not immediately respond.
The county's board of zoning appeals voted in the Garvers' favor in March, finding that the market didn't violate agricultural zoning regulations. Dickard then appealed the board's decision in June. The Butler County Board of Commissioners also voted 2-1 on July 27 to direct the Butler County Prosecutor's Office to take steps to overturn the zoning authority's decision.
Butler County Court of Common Pleas Judge Gregory Stephens found that Dickard didn't have the authority to appeal the board of zoning appeal's decision under Ohio law. Stephens also said that Butler County's rural zoning resolution says the zoning board's decisions "shall be binding upon the Zoning Administrator."
Garver, a Lemon Township trustee, previously told The Enquirer that the farm couldn't afford to rezone to a commercial district and that "if the county gets its way, we will cease to exist."
The Garver family started farming in Lemon Township in 1926 and started a small farm stand in the 1990s.
The family built the new market to diversify revenue and stay in business, Garver said. The 10,000-square-foot market sits on about 83 acres of land, according to property records. Garver Family Farm Market has a deli counter, bar, retail displays and tables for seating. It also sells sweet corn, tomatoes, okra, fruits and vegetables that the Garvers grow on their farmland.
This article originally appeared on Cincinnati Enquirer: Judge dismisses case against Garver Family Farm Market
