Supreme Court Rules That Nuisance Suit Against Farm That Hosts Music Concerts May Proceed

Monday, August 19, 2013

In a unanimous opinion, the Tennessee Supreme Court held that the Right to Farm Act does not bar a homeowner’s nuisance lawsuit against a farm that hosted amplified music concerts. 

Velda Shore retired to a subdivision in rural Blount County in 2003.

The subdivision was adjacent to Maple Lane Farms, which was owned and operated by Robert Schmidt. In addition to raising crops and livestock, Mr. Schmidt hosted spring and fall festivals that included a variety of public attractions, including music concerts. 

Ms. Shore complained to county officials about the noise and traffic caused by the concerts. In 2008, the Blount County Board of Zoning Appeals decided that Mr. Schmidt could hold only one concert per year at Maple Lane Farms. After Mr. Schmidt ignored the board’s decision, Ms. Shore filed suit alleging that the concerts were a nuisance and violated local zoning regulations. 

The Chancery Court for Blount County dismissed Ms. Shore’s suit based on its conclusions that the Tennessee Right to Farm Act shielded Mr. Schmidt from nuisance liability and that all the activities at Maple Lane Farms were exempted from local zoning regulations. The Court of Appeals affirmed the trial court, concluding that the activities on the farm met the state’s legal definition of agritourism and were permitted. 

The Supreme Court granted Ms. Shore’s appeal and reversed the dismissal of her case. The Court decided that the Right to Farm Act did not apply to the music concerts at Maple Lane Farms because they were not connected to the production of crops and livestock. The Court also decided that Ms. Shore had presented enough evidence to permit her nuisance claim to proceed. Finally, the Court determined that the concerts were not exempted from the local zoning regulations.


SIGNIX Hires New Vice President Of Partner Development

SIGNiX , a company that provides secure and simple digital signature services announced the hiring of its new Vice President of Partner Development, Leonora Zilkha Williamson. Ms. Williamson will work to identify and target potential partners in a variety of industries.  SIGNiX has long been a partner-centric company that focuses on providing total solutions to software ... (click for more)

Northgate And Hamilton Place Malls Offer Free Trick Or Treating

Northgate & Hamilton Place Mall Stores are offering free family fun  with trick or treating at participating mall stores on Friday, Oct. 31.  It will last from 6 p.m. until close while supplies last. (click for more)

Additions And Improvements At Camp Jordan Arena Coming Soon

Additions and improvements are coming to Camp Jordan Arena in the near future. At the Thursday night meeting of the East Ridge city council, approval was given for buying new playground equipment. It will come from Gametime, a locally-based company. The VP of Marketing lives in East Ridge and made a proposal to set up the playground at Camp Jordan so his company could use it for ... (click for more)

Tribute Service For Luther Masingill Held At Historic Engel Stadium

It took a place as big as historic Engel Stadium for Chattanooga to say goodbye to their beloved Luther. Hundreds came Thursday afternoon to pay tribute to Luther Masingill who died early Monday morning after a radio career that spanned an amazing 74 years. It was clear from all who spoke that he was considered not only a radio personality, but also a role model. One after ... (click for more)

Not Everything Has Been Done To Save Hutcheson

I am a resident of Walker County and I have a personal belief that a hospital ranks equal to other basic services a community should offer (like police, fire, emergency services, school systems, government, etc.). I am not privy to all the management and financial conundrums concerning the feasibility of maintaining and growing Hutcheson, and as a private citizen I don’t believe ... (click for more)

Roy Exum: A Veterinarian’s Horse Sense

I suspect you’ve heard by now that a doctor in New York City, who volunteers with “Doctors Without Borders,” just got back from the African nation of Guinea on October 17 – last Friday – and on Thursday tested positive for the deadly Ebola virus. Luckily, he came in actual contact with only a few people but he reportedly rode a subway, took a taxi, went on a three-mile run and ... (click for more)