Sheik Island Farm, Inc. v. Covington Farm, Inc.
Neighboring horse-boarding operations sued an adjacent property owner that built and operated a commercial 'Elegant Barn Venue' for weddings, alleging private and public nuisance and violation of the Pasco County Land Development Code. The trial court granted summary judgment for the wedding venue, holding the property appraiser's agricultural (greenbelt) classification under section 193.461 was dispositive under the Right to Farm Act and section 604.50. The Second District reversed, holding that a greenbelt classification is not dispositive of whether property is a 'farm' under section 823.14, and that genuine issues of material fact existed on whether the venue was a farm or a nonresidential farm building.
Key facts
- Neighboring horse-boarding operations in Pasco County sued an adjacent property owner who built and operated a commercial 'Elegant Barn Venue' for weddings, alleging private and public nuisance and violation of the Pasco County Land Development Code.
- The trial court granted summary judgment for the wedding venue based on the property's agricultural (greenbelt) classification under section 193.461, concluding this classification was dispositive under the Right to Farm Act and section 604.50.
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Why it matters
This is the first substantial Florida appellate construction of the amended Right to Farm Act's 'farm'/'farm operation'/'agritourism' definitions and their interaction with greenbelt tax classifications, an increasingly… — full analysis with a trial
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