Court: Farm Music Festivals Not Really Farming - Articles

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Posted by: Suzanne Craig Robertson on Aug 22, 2013

The state Supreme Court has ruled that "agritourism" is not the sort of activity the legislature was trying to protect in exempting farmers from nuisance complaints, Knoxnews reports. The court was deciding if a farmer hosting a music festival was protected under the Right to Farm Act, or if his neighbor's complaint that it was a noisy nuisance was valid.  “We find it significant that the General Assembly chose to use the word ‘production’ alone in its definition of ‘farm operation,’” Justice William Koch wrote in the opinion. “It did not include ‘marketing,’ as other states have done in similar contexts. Marketing activities are not mentioned elsewhere in the Tennessee Right to Farm Act, and we have found no reference to marketing in the legislative history of the Act or any of its amendments.”