Articles Posted in Agriculture Law

by
A family partnership purchased 749-acres for use as a farm. The entire farm enjoyed current-agricultural-use-valuation (CAUV) status until a seventy-acre parcel was transferred to Maralgate, LLC, after which the county auditor denied the CAUV application. Maralgate filed a complaint with the County Board of Revision, which also denied the application. The Board of Tax Appeals reversed and granted CAUV status. At issue on appeal was whether the parcel was under common ownership with the rest of the farm for purposes of Ohio Rev. Code 5713.30(A)(1) because almost sixty percent of the parcel had trees that were not grown for commercial purposes. The Supreme Court affirmed, holding (1) the parcel was under common ownership with the rest of the farm because the family partnership owned Maralgate; (2) the statute does not require that the trees in question be grown as a crop; and (3) a land survey showing how much of the parcel is devoted to different uses is required only if there is a commercial use of part of a parcel that is not an agricultural use, and, in this instance, those portions of the parcel not actively cultivated were not used for any commercial purpose. View "Maralgate, L.L.C. v. Greene County Bd. of Revision " on Justia Law

by
Gayle Sperry, her son, and her daughter-in-law owned and operated a winery at Sperry's residence. The property was in a residentially zoned district. A zoning inspector filed a complaint for preliminary and permanent injunction seeking to enjoin the Sperrys' use of the property as a retail business and restaurant in a residentially zoned district. The trial court granted summary judgment to the zoning inspector, finding that the winery was not exempt from township zoning. The Sperrys appealed, contending that under Ohio Rev. Code 519.21(A) their winery was exempt from township zoning regulations because they also engaged in viticulture on the property within the meaning of the statute. The Supreme Court reversed the judgment of the court of appeals, holding that exemption from township zoning under the statute does not require for its application that viticulture be the primary use of property engaged in the vinting and selling of wine. Remanded. View "Terry v. Sperry" on Justia Law