FIGHTING FOR OUR RIGHT TO FARM IN NH

Mar 3

As many of you know, Vernon Family Farm continues to fight for our right to farm, facing an ongoing lawsuit from three of our abutters—Ruth Patterson & Gerald Cox, Scott Waschmouth, and Lynn & Mark Gerard—who are challenging our ability to operate as a thriving, community-centered farm.

What exactly is going on now?

The neighbors essentially make four key, related accusations against the Vernons personally, the Vernons’ catering company, as well as Vernon Family Farm.

The neighbors claim:

Illegal operation of a “commercial kitchen/restaurant/bar/event venue” since 2014.
Illegal because a “commercial kitchen/restaurant/bar/event venue” is not allowed in the zoning district where the Farm is located.
Nuisance because of noise, traffic, police presence, crowds, and people trespassing onto the neighbors’ properties.
The Farm’s activities have decreased the value of the neighbors’ properties and forced them to pay legal fees and they ask the court to make the Vernons pay the neighbors those money damages.

The neighbors have also, in the same lawsuit, sued the Town of Newfields, accusing the Town of knowingly allowing the Farm to have an illegal “commercial kitchen/restaurant/bar/event venue” in violation of the Town of Newfields Zoning Ordinance.

When a defendant is sued, as the Town and the Vernon defendants have been, a defendant essentially has two options:

“Answer,” which is a document that responds, point by point, to the accusations from the neighbors; or
Move to Dismiss, which seeks to end the lawsuit at the very beginning, without a trial, because the lawsuit does not actually make any claims recognized in New Hampshire law.

Both the Vernons and the Town have moved to dismiss.

In the motions to dismiss, the Town and the Vernons, separately, argue that the Town correctly approved the Farm’s site plan application in 2022, and that the Farm is lawfully doing agritourism, which is a form of agriculture in the state’s definition of agriculture.

The Town and the Vernons also argue that the neighbors are much, much too late to make any arguments about the 2022 site plan approval now. That 2022 approval had a 30-day appeal period, and none of the neighbors appealed. That means the neighbors cannot now challenge the Farm’s activities under that approval, or the correctness of the Town’s decision.

We now have a hearing date set for Wednesday, April 2nd.

On this date, the court will consider both our and the town’s motions to dismiss this case. While this isn’t an occasion for the community to physically attend or share your support with the court, it’s a critical moment that will set the course for what comes next.

If the court rules in our favor, it would uphold the rights of local farmers and prevent this lawsuit from setting a dangerous precedent for agriculture across New Hampshire.

Here’s how you can support us right now:

Shop extra at the farm store or in our online shop
Spread the word about what’s happening
Send us all the positive energy
And if you’re able, donate to our GoFundMe to help offset the legal fees this fight has put on our family and farm.

This case is not just about us—it’s about ensuring that small, local farms in NH are protected from unjust legal challenges.

We are hopeful, resilient, and ready to keep pushing forward, knowing we have this incredible community standing with us. Thank you, always, for being part of our farm family.

Want to learn more?

We’ve been interviewed in the following podcasts to share more about our 3+ years-long legal battle and our current fight for survival in Newfields, New Hampshire.

Prefer to read?

In this blog post, the NH Commissioner of Agriculture shares his support for Vernon Family Farm, stating:

“Vernon Family Farm exemplifies what agritourism is meant to be: a working farm that attracts people to its property so the farmers can sell their products directly to the public. This innovative approach is exactly how farms like Vernon Family Farm sustain themselves and engage with the community, providing fresh, local food in a space for people to connect with agriculture.”

And in this blog post, you can dive into the history of how our legal troubles and challenges with the planning board began—all the way back in 2022. Since then, it’s continued to escalate.

If you want to get into the reaaal nitty gritty of the legal documents, they’re here to download.