Community Issues - Special Laws

Bill 48-11, Farmer's Roadside Stand

Sponsors: Huff, Bevins

Allows a "Farmer's Roadside Stand" to be the whole "barn" (a 3-story one in this case).

This was clearly intended to preempt the ongoing legal action against Springfield Farms' use of their barn for what was an exceptionally large commercial operation, hardly what anyone envisioned as a "roadside stand" when the regulations were first enacted. The owners even testified that they were using it as a wholesale distribution center. This Bill interfered with an ongoing, 4-year legal battle.

Timeline (Case 2007-0314):

  • 6 Mar 2007 Zoning hearing (1st day)
  • 31 Mar 2008 Zoning Order (after delayed 2nd day) allowed use
  • 19 Nov 2010 Board of Appeals Order granted use
  • 1 July 2011 Circuit court reversed BoA- denied use
  • 1 Aug 2011 Bill introduced (Amazing how quickly certain lawyers can get some members of the Council to do their bidding!)
  • 6 Sept 2011 Bill passed, effective 45 days later.
  • Sept 2011 term, filed 6 Feb 2013 - Court of Special Appeals reversed Circuit Court decision, stating that the "amendment to the definition of 'farmer's roadside stand' [in this bill] which should be applied retrospectively, resolves any doubt" (even though the Bill did not state that it was "retrospective").

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Updated 21 Mar 2017 by MAP