Topic: Fauquier County steps over the line -- another farmer harassment case

[Pandora]

More government lawlessness breaking out ....

On April 30, Zoning Administrator Kimberley Johnson sent Martha Boneta an official cease-and-desist notice for selling farm products and hosting a birthday party for her best friend's 10-year-old daughter on her 70-acre Paris, Va., farm without a special administrative permit.

Johnson threatened to fine Boneta $5,000 per violation if she did not stop the alleged unlawful activities within 30 days. In doing so, Boneta's fellow farmers say, Johnson stepped far beyond her authority. They're supporting her appeal before the BZA because they rightly fear that left unchecked, this infringement on one farmer's freedom to make a living will spread to other agricultural enterprises like a dangerous pest.

The Virginia Right to Farm Act prohibits local authorities from treating agricultural activity as a "nuisance" -- which seems to be what's happening here, since Johnson was reportedly responding to complaints from nearby residents. Boneta already had a business license the county issued her in June 2011 that allowed her to operate a "retail farm shop" on her property. Her license application specifically noted her intention to sell handspun yarns, birdhouses, soaps and other handicrafts in addition to fresh vegetables, eggs, herbs and honey.

The following month, the Fauquier County Board of Supervisors changed the classification of "farm sales" to require a special administrative permit for activities that were in compliance with the ordinance just one month before. But documents received under the Freedom of Information Act showed that Boneta is the only farmer in Fauquier County who has ever been cited -- even though the county's own website lists dozens of farms that sell similar products to end-use customers.

On July 12, supervisors voted to limit the number of visitors allowed at food- and wine-tasting events to 25, and to limit such events to two per month, even though they were warned by the county attorney and Virginia Secretary of Agriculture and Forestry Todd Haymore that such restrictions are illegal. Virginia's growing wine industry and its small artisanal farmers contribute millions of dollars to the state economy while providing urban residents with a taste of country life. But even in picturesque Fauquier County, their future is clouded by the growing burden of capricious government regulation.

No good news today, folks, I'm sorry to say.  I haven't sought out these events; the reporting of them is ubiquitous.

[Weisshaupt]

Everyday millions in this country suffer from feeling cut-off and alone, thinking that they have to make it on their own. This frightening condition known as self-sufficiency is reaching epidemic proportions. The people who suffer from this devastating condition feel that turning over their independence and welfare to the community will somehow make them smaller, and therefore  deny themselves the joy and sense of accomplishment that comes with helping each other in communal effort. Symptoms of this condition include a belief in constitutional government, individual rights, and a personal  moral compass. They may talk extensively about America's Founding Fathers, Freedom and rant about "minding your own business" often accompanied by irrational outbursts of anger. If you are any one you know exhibits these symptoms, please call.  Caring (and armed) social workers will arrive and give you, or your loved on the care they need to deal with  their disorder.

[charlesoakwood]

Boneta already had a business license the county issued her in June 2011 that allowed her to operate a "retail farm shop" on her property.

[Pandora]

Yes.  About which the authoritah in question cared nothing, citing a regulation that was already deemed illegal.

"Complaints were made" about what was going on at this 70 acre farm?  Who complained and how could the activity cited negatively affect them in any manner?

None of this matters anymore.  One does not need to be doing something that is actually wrong; one merely needs to be caught doing .... anything anyone doesn't want done.  

[Glock32]

"If it's not mandatory, it's illegal."

[warpmine]

Yes.  About which the authoritah in question cared nothing, citing a regulation that was already deemed illegal.

"Complaints were made" about what was going on at this 70 acre farm?  Who complained and how could the activity cited negatively affect them in any manner?

None of this matters anymore.  One does not need to be doing something that is actually wrong; one merely needs to be caught doing .... anything anyone doesn't want done.  

This is the exact same nonsense that the Founding Fathers saw first hand and it led to a new nation forged in liberty but the current rent seekers have been pouring acid upon the metal to weaken it and we're left with somewhat of a mere shadow of what once was.

[Predator Don]

The Virginia Right to Farm Act prohibits local authorities from treating agricultural activity as a "nuisance


I don't know...this struck me as odd...... I'm attempting to understand why such an act is needed in the first place. It seems all you need is one person getting thier panties in a wad and presto, we get another "act" to protect us.

Common sense has left the building.

[Pandora]

The Virginia Right to Farm Act prohibits local authorities from treating agricultural activity as a "nuisance


I don't know...this struck me as odd...... I'm attempting to understand why such an act is needed in the first place. It seems all you need is one person getting thier panties in a wad and presto, we get another "act" to protect us.

Common sense has left the building.

This sort of "nuisance" nonsense goes on everywhere rural.  A hog-farm or chicken farm exists for generations, then some neighboring property is sold/bought/sub-divided and the new residents start complaining about the smell or the roosters crowing in the morning.

[LadyVirginia]

None of this matters anymore.  One does not need to be doing something that is actually wrong; one merely needs to be caught doing .... anything anyone doesn't want done.  

For a book full of examples see Three Felonies a Day by Harvey Silverglate.

[Predator Don]

The Virginia Right to Farm Act prohibits local authorities from treating agricultural activity as a "nuisance


I don't know...this struck me as odd...... I'm attempting to understand why such an act is needed in the first place. It seems all you need is one person getting thier panties in a wad and presto, we get another "act" to protect us.

Common sense has left the building.

This sort of "nuisance" nonsense goes on everywhere rural.  A hog-farm or chicken farm exists for generations, then some neighboring property is sold/bought/sub-divided and the new residents start complaining about the smell or the roosters crowing in the morning.

Yea I understand...but the complaints should be given no value, no creedence. Hey, I have a suggestion to the new neighbor......Its a farm. There are animal smells. Roosters crow early, cows moo, and thier chit stinks. Maybe the new neighbors should have done a little research before buying....Like ask the real estate agent: hey, is that a farm? With chickens? Hogs and horses?

No, we need a new law.

[Pandora]

The Virginia Right to Farm Act prohibits local authorities from treating agricultural activity as a "nuisance


I don't know...this struck me as odd...... I'm attempting to understand why such an act is needed in the first place. It seems all you need is one person getting thier panties in a wad and presto, we get another "act" to protect us.

Common sense has left the building.

This sort of "nuisance" nonsense goes on everywhere rural.  A hog-farm or chicken farm exists for generations, then some neighboring property is sold/bought/sub-divided and the new residents start complaining about the smell or the roosters crowing in the morning.

Yea I understand...but the complaints should be given no value, no creedence. Hey, I have a suggestion to the new neighbor......Its a farm. There are animal smells. Roosters crow early, cows moo, and thier chit stinks. Maybe the new neighbors should have done a little research before buying....Like ask the real estate agent: hey, is that a farm? With chickens? Hogs and horses?

No, we need a new law.

I understand what you are saying, but, yes, they needed a new law because, depending on whose ox is being gored, who has an axe to grind and who is in local office, too many times these complaints are given value and credence, so something concrete is necessary to wave at the complainers and their accommodators.  Not that it always provides protection, as can be seen by the event right here.

Real estate laws were changed to ensure sellers and their agents disclose such conditions as noise/smell and whatever else might be considered a nuisance, so the buyer needn't use his own due diligence yet be informed, and still this crap continues.

"The road noise is too loud!"  Wasn't the road there before you bought the house?  "Yes, but ....", so now "sound walls" are built along highways -- and not always in good neighborhoods -- effectively trapping motorists on the highway.

The group that kills me are the ones who buy near an airport and then btch about the noise.

[Libertas]

Libiots get my panties in a wad by just breathing, thus, a law is needed preventing libiots from breathing, no matter its constitutionality or the fact that breathing is a normal human function, I deem it to be therefor it is.

[LadyVirginia]

I remember years ago reading about a pig farmer put out of business in Iowa because the town grew out to him.  The reasoning given--all grounded in prior case law -- didn't do it for me.  Basically, it was decided that times change and for the good of society he had to go.

[warpmine]

Two decades ago a drag track called 75-80(MD roads) was by itself amongst acres of farm land as far as the eye could see. The farms were sold in the coming years to developers a.k.a. subdivisions were built close by. Then the complaints started piling in about the noise factor. I'm certain that they all knew including the developer that drag racing type motorsports meant open headers but they all figured once they moved in, the country would give more weight to taxes from single family houses than from farm country. The county wanted them to impose restrictions on the noise pollution by using mufflers but the racers didn't want to spend more money modifying the cars for this on track so the racers lost interest and the property was sold.

Nobody ever weighs the consequences of existing businesses when they move next door. The developers never give a sh*t about anything other than their bottom line and government will never turn down an opportunity to grab more money.

[Pandora]

The way I see it, it isn't up to the developers to make sure the incoming locusts don't get their will enforced on existing residents and their structures, institutions and businesses.  It IS up to the local and state governments to make it plain that just because "you" are bothered is no reason to put the kabosh on anybody else.

[Glock32]

It especially chaps my ass when the yuppie locusts militate against a shooting range that has existed for 75 years.  It's worse than ordinary NIMBYism, because these people moved in on something that was already there and then have the gall to complain as if that thing is the obnoxious intruder rather than them.

[Libertas]

It especially chaps my ass when the yuppie locusts militate against a shooting range that has existed for 75 years.  It's worse than ordinary NIMBYism, because these people moved in on something that was already there and then have the gall to complain as if that thing is the obnoxious intruder rather than them.

Yup.

And then the yuppie locusts plug into the local political machine and the new aristocracy runs roughshod all over the indigenous population, but it only succeeds if the locals let it, so there is support for the carpetbaggers in the local gentry on election days, otherwise the minority would be crushed.  But then the locusts cover their bets and find allies in the opposition too, so, in the end the corrupt officials let the locusts win.

[Predator Don]

I never trust anyone to do my due diligence, in regards to my business or my personal life, because the asshat real estate agent, govt official or other "expert" normally allow thier own biases to cloud any information. Thus, more idiotic laws.

If you want to understand the "expert", before you enter into a contract with them,along with gathering info such as schools, stores, etc, ask if there are any gun clubs, ranges, how the county votes, the political party of the town mayor, average income, etc, and see what type of answer you get.

Treat it as " intelligence intel". Gotta understand the intelligence quotient of the area.

[LadyVirginia]

because the asshat real estate agent, govt official or other "expert" normally allow thier own biases to cloud

Years ago when we were looking for a house the agent took us to a house that was next door to a 5-story office building.  Anyone in their office could look into the backyard and family room. Of course, she didn't actually take us into the backyard but pointed at it through the sliding door.  We told her it wasn't the house for us at which point she preceeded to chat with the owners for 30 minutes because they were "friends".  She told us to wonder through just "to make sure".  Later she took us to another unsuitable neighborhood and said it was perfect for us as a young couple because it was next to an "affluent" neighborhood.  The next week she took us back to the house with the office building and announced that she knew we liked it so she thought we'd like to see it again.  My husband and I didn't even get out of the car.  After that we found another agent (who thankfully understood our requirements despite our "youngness").

All of which is to say it was a good lesson in how others don't give a crap about what you want and you have to look out for yourself.  Unfortunately, I know too many people who time after time still rely on others and then end up disappointed and mad.




 

[BigAlSouth]

Bingo-Bango Money Quote, Warp:

once they moved in, the country would give more weight to taxes from single family houses than from farm country.