Butler County commissioners are moving forward with an appeal of a Board of Zoning Appeals decision that favored Garver Family Farm Market, escalating a months-long dispute over whether the popular farm market and winery qualifies for Ohio's agricultural zoning exemption. Commissioners Don Dixon and T.C. Rogers voted Monday to authorize the Butler County Prosecutor's Office to challenge the March decision, while Commissioner Cindy Carpenter voted against the resolution.
The county argues Garver's new building is primarily used for commercial activities—including a deli, coffee shop, bar, retail sales and entertainment—and therefore should not qualify for an agricultural exemption under the county's rural zoning regulations.
The resolution also states county records show no zoning certificate, occupancy approval or permits were issued for a public assembly or entertainment venue and notes testimony from the local fire chief that the building lacked a certificate of occupancy and fire suppression system. Garver Family Farm Market strongly disputes those claims. Following Monday's vote, the farm posted on Facebook that two commissioners had voted to continue pursuing legal action despite previously expressing support for the business. The farm later accused county officials of "wrongful use of power and targeted harassment," calling the legal battle "a coordinated attack." The latest developments come four months after the Butler County Board of Zoning Appeals voted 4-1 to overturn the county's zoning violation. During that hearing, board members heard testimony from architects, agricultural experts, farmers and community members supporting Garver's position that the operation qualifies as an agricultural and viticultural business under Ohio law. In a Facebook post after that March ruling, the Garver family said county employees had reviewed its construction plans, attended its grand opening and knew of the farm's plans long before the zoning dispute began. The family maintains its farm market, winery, deli and other attractions are permitted components of a working agricultural operation. The appeal now moves into Butler County Common Pleas Court, where a judge will determine whether the Board of Zoning Appeals correctly interpreted Ohio law.
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(Image Courtesy: Garver Family Farm Market)
