The Vernon family has set up a GoFundMe to raise funds for legal bills in their ongoing battle with neighbors over agritourism events. (Courtesy of the Vernon Family)
The owners of Vernon Family Farm said they are bracing themselves for a legal battle in superior court over its food, beverage and live events they insist are protected as “agritourism.”
Attorney Tom Hildreth told the Newfields Zoning Board of Adjustment on July 31 that he represents three households, abutting the farm, that are prepared to file a civil action in Rockingham Superior Court if the town does not address what they see as violations of the town ordinance. He said they plan to ask a judge to direct the selectmen to hand down a cease-and-desist on agrotourism activities that violate the town bylaws on noise and restaurant activity.
“This is not the last stop on the train,” Hildreth said, according to the meeting minutes. “Their (his clients) recourse next week will be a petition for mandamus to the Superior Court, asking for an order to compel the selectmen to enforce the decision of the ordinance.”
A petition for mandamus seeks to force a government official or entity to act on its legally required duties.
Amy Manzelli, an attorney representing the Vernon family, is taking those words as a threat the Vernons will soon be sued.
Jeremiah Vernon, owner of the farm, asked the public for help this week via a GoFundMe page. He says his farm is well within the laws protecting agritourism and fears the coming lawsuit will put them out of business through a “war of attrition” in legal fees.
“We have tried to financially weather this,” Vernon said. “But legal fees, lost income from all the chaos – we can’t do it.”
Abutters threaten legal action over ‘trespass and noise’
The Vernon Family Farm is a first-generation pastured livestock farm, founded 10 years ago by the Vernons at 301 Piscassic Road. They sell their organically grown produce in their farm store, and over the years, they have expanded to include Vernon Kitchen and outdoor events.
Vernon has said he is operating within the guidelines set by the town’s Planning Board in 2022.
“We have a site plan that allows us and permits us to do what we’re doing,” said Vernon. “And that’s my plan, to continue to operate within the site plan that we have been approved for.”
Several neighbors have complained the activity has grown beyond the scope of agritourism. In an April 19 letter, neighbor Scott Waschmuth wrote the farm was now operating “illegally open-air restaurant and bar, as well as amplified musical events.”
Waschmuth was among the abutters who are now being represented by Hildreth and his firm, according to Zoning Board minutes. The others are the Girard family, Ruth Patterson and Gerald Cox.
Hildreth did not return a request for comment sent by email, but he laid out his clients’ likely path forward in the July 31 Zoning Board meeting. He said his firm has been involved since May and that his clients recently called upon the selectmen to issue a cease-and-desist order against the Vernon Family Farm.
He said selectmen have not done anything to address his clients’ concerns regarding food service and live music, which led them to file an appeal with the Appeals Board.
Hildreth told the Zoning Board that selectmen need to stop Vernon Family Farm from activities his clients say are not allowed in the RA zone, like running a restaurant. He also wanted the board to clearly define terms including “agritourism” and “restaurant.”
The Zoning Board voted 5-0 to find they did not have the authority to hear the appeal of an administrative decision by the selectmen. Hildreth said that night his clients’ future civil action in superior court would be for “recurring trespass and the noise that is coming onto their properties.” He also said the suit would target Vernon Family Farm for misrepresenting itself in obtaining liquor and food licenses.
“There have been misrepresentations made to state agencies when they were procuring these licenses,” Hildreth said.
Vernon Family Farm seeks help in facing legal battle
Selectmen Chair Michael Sununu said Wednesday he could not comment on his board’s decisions this year regarding Vernon Family Farm given “pending legal matters.”
Vernon’s attorney said the Vernons are within the law and bylaws when it comes to agritourism activities.
“Agritourism… it’s one of the many ways that farmers market their goods,” Manzelli said. “The farming is allowed at that location under state law, and under local law.”
Vernon said the farm is currently $70,000 in debt after paying legal fees to deal with the town over the last three years. On his family’s GoFundMe page, they said they “have no other choice” but to ask for help.
“We are fundraising to save our farm after three challenging years of legal battles with town regulatory boards and now a concerted effort by neighbors to halt our operations,” they wrote. “Three direct abutters properties have hired a team of lawyers from one of the largest firms in N.H. to sue us in court and investigate our licenses and approvals to operate our farm.”
The Vernons say their agritourism events “provide people of all ages with the opportunity to see where their food comes from and eat food raised mere feet away from their plates.”
Vernon said if his farm does run out of money fighting legal battles, he is not sure what the future of his farm will be. Finding another place to farm in the Seacoast, New Hampshire region, he said, is tough to do without paying as much as $1 million.
“I talk to many of my friends who have farms. Many are, lucky for them quite wealthy,” Vernon said. “They just buy the houses around their farm to avoid the issue, and that will never be us.”
This article is being shared by partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.
