NEWFIELDS — Neighbors of The Vernon Family Farm filed a lawsuit this month against the owners, accusing them agritourism activitiesincluding serving food and alcohol and hosting live music performances, violates the city’s zoning laws and creates a “nuisance.”

The suit, filed Oct. 4 in Rockingham Superior Court against Jeremiah and Nicole Vernon, also names the town of Newfields as a defendant.

The five neighbors are seeking an injunction against the farm at 301 Piscassic Road to prevent the owners from using the property as a “restaurant” and event space. They also want a judge to order city officials to issue a cease-and-desist order to the owners and are seeking damages, including legal fees, “resulting from (the farm’s) illegal activities.”

“It’s unbelievable,” Jeremiah Vernon said Monday in response to the lawsuit. “As much as I knew our neighbors were threatening to sue us, I didn’t think you could be fully licensed in your town…in your state and still get sued for what you’re doing. … What’s the point of being inspected by a health inspector, having a food licensing program, if all your neighbors can say is that you’re running an illegal restaurant?”

A hearing is set for Wednesday, Nov. 6 at 11 a.m. in Rockingham Superior Court in Brentwood.

Column: Newfields neighbors address concerns with Vernon Family Farm

Neighbors are suing Vernon Family Farm for noise and zoning violations

The five neighbors who filed the lawsuit are Ruth Paterson, Gerald Cox, Mark and Lynn Girard and Scott Wachsmuth. They’ve been complaining for years that activities at the farm violate the city’s noise ordinance and don’t comply with city zoning.

“The use of the Vernon property as a restaurant and event venue was never legally permitted, was illegal from the beginning, and remains so to this day,” the lawsuit states.

The lawsuit alleges that Vernon Family Farm visitors have trespassed on their property, the noise from the events is so loud that they have to wear earplugs to sleep, and that their children “became afraid to play outside because of the loud noise and of high traffic. volumes, police presence and crowds.”

“The negative effects on the daily lives experienced by (neighbors) also tend to negatively affect their property values,” the lawsuit states.

The the owners of the Vernon Family Farm they disputed allegations that they were violating city ordinances. Under state law, farms are allowed to engage in agritourism, including attracting visitors for events, meals or overnight stays.

However, the lawsuit alleges that Vernon’s 2022 site plan with the city that allowed agritourism events had 17 conditions that had to be met. Because most of the conditions were not met, the lawsuit claims the Vernons have “no legal right or authority to engage in, conduct or host agritourism events on the property.”

The lawsuit claims the city refuses to take action, causing them to “suffer weekly from the illegal operations and nuisances created by (Vernon Family Farm’s) illegal activities.”

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Vernon Family Farm: “We’re not doing anything illegal”

Jeremiah Vernon said they have worked closely with the town — and still do — including attending various zoning, planning and Select Board meetings over the past three years to address the concerns of their neighbors.

“We’re not doing anything illegal,” he said.

Vernon said they do not have an on-site restaurant and use licensed caterers with liquor licenses during larger events.

He said the reason they hold agritourism events like Vernon Kitchen and have outdoor concerts is to support farm operations.

“That’s why you see corn mazes, hay rides, sunflower mazes, petting zoos, farm tables, farm shops, farm tours and more offered at many of the farms in our community,” he told the board of city ​​planning in 2022. “While many of us farmers would prefer to ‘just’ grow and sell food, it is often financially unsustainable to do so.”

Over the past two years, Vernon said he estimates he has spent more than $100,000 in legal fees to address concerns from the Select Committee and neighbors.

It started a GoFundMe page in August to help pay legal bills if his neighbors filed a lawsuit and so far has raised more than $80,000.

“I can’t believe that our neighbors can accept to put the burden or all of this on the community because they know the impact of our farm,” he said. “It’s not just Jeremiah and Nicole. It affects the thousands of people who use our farm as where they get their food and where they find their community – a safe and welcoming space. They attack all of that.”

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Neighbors say the process took years

Attempts to reach the neighbors who filed the lawsuit were unsuccessful.

The neighbors spoke in unison op-ed published by Seacoastonline on October 28, stating that “after years of silence and in the face of the Vernon family’s ongoing social media, we have been cast as the villain.”

They called filing the lawsuit their last resort.

“Over the years, we have tried to work in good faith with the Vernon family to find reasonable solutions — only to be cheated, misled and exploited,” the editorial states. “I never contested the Vernons’ ‘right to farm,’ but I did ask—as expected of any citizen or business owner—that they abide by established laws and common etiquette.”

The op-ed detailed their concerns, including the Vernons’ alleged abuse of agritourism, trespassing and “failure to comply” with a conservation easement,” on the property, noting that they “…currently use this land as a parking lot. lot for about 150 vehicles for their business events in violation of the easement and at the expense of the land.”

“Ultimately, our desire is to see Vernon respectably farm their land the way it was intended (adhering to conservation easements) and hold their events (as an accessory) on commercial land – generally respectful. by law,” they added.

This article originally appeared on the Portsmouth Herald: Neighbors sue Vernon Family Farm over agritourism events in Newfields