"Cabbage-gate": Georgia [organic] farmer sued for growing too many vegetables

[wordpix]

http://www.grist.org/article/2010-09-16-georgia-farmer-sued-for-growing-too-many-vegetables/

In these times of economic crisis, rising poverty, and diet-related health problems, you'd think local governments would have bigger priorities than counting the number of squash and broccoli plants on people's lawns. Unfortunately that's not the case for Georgia resident Steve Miller, a landscaper by profession and organic farmer by heart, who's been caught tomato-red-handed growing a downright offensive number of vegetable plants on his property outside of Atlanta. (The exact number of criminal plants unknown.)

Dubbed "Cabbage-Gate" by friends and neighbors of Miller, officials in Dekalb County, Georgia, are suing him for $5,000 in fines for not having his land properly zoned to grow such an apparently ridiculous number of vegetables -- even after he stopped growing them and got rezoned.

If the county is suing this long-time hobby farmer for growing too many vegetables, how many are "acceptable" anyway? Twenty? Eleven? As many as you want as long as that doesn't include cabbage?

:crazy: apparently the DeKalb County officials don't realize our heritage as an agrarian nation :crazy:

Let's just keep all those diesel trucks coming in from thousands of miles away with anemic, tasteless, chemical-laden veggies from TX and CA :sarcasm:

[NV Whino]

1. Pretty ridiculous

[whistler162]

2. unrec for bad writing....

he is being fined for not being properly zoned!

But, heck let's put up a waste dump in a residential area even though it isn't zoned for it!

[Dogtown]

3. Rec to counter your poutiness.

He *didn't* put a waste-dump anywhere, did he?

Except for the manure in his garden, that is.

Are you a member of the "zero-tolerance" crowd?

[wordpix]

4. Why are you equating a waste dump with growing organic veggies?

Geesh :crazy:

A waste dump is full of chemicals, toxic waste/substances and large bulky items that harbor same

Organic growing is good for the soil, water and air, and attracts biodiversity of birds, butterflies and pollinating insects

Guess what? Not at all the same. Point is, officials should be encouraging organic growing, not fining people for it.

Where I live in DC, there's a large community garden movement in and around the city in the most built up areas. Lots of officials and Michelle O. are encouraging this and there's a big waiting list for many if not all of the community gardens. Most of the gardens have rules about organic growing only, so neighbors only benefit with the beauty, biodiversity, open space and organic veggies and flowers they themselves grow.

My community garden also features a small orchard that we tend.

I guess you prefer grass, tho.

[jberryhill]

8. A zoning violation is a zoning violation

If the zoning laws are preventing people from gardening, then that is a reason to change the zoning laws.

It's not a matter of "equating" a waste dump, factory, prison, farm, group home, etc. with anything else.

Nobody is going after him for "growing cabbages". It is probably a question of how much acreage one can have under cultivation in the relevant zoning classification for that property.

If the point is "anyone can do anything they want, regardless of zoning", then what would be wrong with a waste dump?

[druidity33]

12. what if he filled his lot

with ornamental trees and shrubs?

Agricultural land is taxed at a much lower rate here in MA, is it taxed higher in GA? (In MA you can't even maintain that status unless you have an active farm on the premises or attached to the land in someway.) If not, why would they even want to change the designation? Maybe the law is unclear as to what constitutes too much for a Private residence? Wouldn't most problems like this allow for a period of time to come into compliance?

Your "Zoning laws are Zoning laws!!!" point of view is remarkably inflexible... it's as if you've never encountered a gray area in your whole life.


And not for nothing, but i have to point out that your second sentence says:
"It's not a matter of "equating" a waste dump, factory, prison, farm, group home, etc. with anything else."

Then your final sentence says:
"If the point is "anyone can do anything they want, regardless of zoning", then what would be wrong with a waste dump?"


Unequivocally you are equating gardens (because gardens are the topic of this thread) with waste dumps.

:shrug:

[jberryhill]

13. What if he had filled his lot with ornamental trees and shrubs?

Well, I'm not a real estate lawyer in that jurisdiction, so I don't know.

I've encountered lots of gray areas, and am pretty flexible.

The point is that this sort of thing does not elevate to the level of a lawsuit without a significant amount of back and forth between the parties.

People get variances to zoning regulations ALL OF THE TIME. Zoning boards are organs of local government and are democratically controlled.

You think there wasn't a dialogue of some kind between this guy and the zoning board prior to now? He never got a notice to comply? This county just is so flush with cash and has some kind of bias against organic gardening, that they decided to take it to court on a lark?

It's going to court because he and the zoning board do not agree about whether his property is zoned for what he's doing on it.

Note the following tip-offs about this "hobby farmer":

http://www.ajc.com/news/dekalb/county-cites-farmer-for-612210.html

He sells what he grows at local markets and gives some away, he said.

...

The county says Miller grows more crops on his land than allowed under zoning regulations. Code enforcement officers began ticketing him in January for the zoning violation and for allegedly having unpermitted employees on the property.

------

I don't know where he lives, or what the zoning laws are in DeKalb County, Georgia, but it appears he has a commercial operation going on.

Notice that he finally figured out what to do:

http://www.kathiegannon.com/boc-business-zoning-agendas.html

N.2
Z-10-16439
Commission District: 4 Super District: 6
18-120-05-001

Application of Steven G. Miller to rezone property from the R-85 (Single-Family Residential) district to R-200 (Single-Family
Residential) district to allow for crop production. The property is located on the south side of Cimarron Drive opposite Minette Place, approximately 406 feet east of Otello Avenue at 4073 Cimarron Drive. The property has approximately 262 feet of frontage along Cimarron Drive and contains 2.23 acres.

---

So, after the fact, he wants to rezone to allow for crop production. That's fine, but he should have thought about that before paying people to raise commercial crops on his property.

[druidity33]

14. OMG!!! He sells some of what he grows!

He's probably barely making enough to pay for seed and compost, etc. I bet he shows up once a week at a local Farmer's Market and generates $100 or so each time... that's what, $3,000 a year? Do you think he's skirting some regulation so he can make more money? Chances are, someone on the PB took issue with his market garden and decided to cite him. My wife is a Local PB member. I know that personal disputes OFTEN end up before the planning board... it's NOT ALWAYS cut and dried.

You say:

"The point is that this sort of thing does not elevate to the level of a lawsuit without a significant amount of back and forth between the parties.

People get variances to zoning regulations ALL OF THE TIME. Zoning boards are organs of local government and are democratically controlled.

You think there wasn't a dialogue of some kind between this guy and the zoning board prior to now? He never got a notice to comply? This county just is so flush with cash and has some kind of bias against organic gardening, that they decided to take it to court on a lark?

It's going to court because he and the zoning board do not agree about whether his property is zoned for what he's doing on it."


This article says:

"In January, Dekalb County code enforcement officers began ticketing him for growing too many crops for the zoning and having unpermitted employees on site.

Miller stopped growing vegetables this summer and the charges were put on hold as he got the property rezoned.

Two weeks after approval, however, his attorney said the county began prosecuting the old charges, saying he was technically in violation before the rezoning.

“It should go away. I think it borders on harassment,” said Miller’s attorney Doug Dillard.

Miller faces nearly $5,000 in fines, but he said he plans to fight those citations in recorders court later this month."

http://www.wsbtv.com/news/24979774/detail.html




It looks to me as if he did what he was asked to do and they cited him anyway. It also looks as if they are going to court so that he can contest the citation. The "lawsuit" you speak of is nonexistent. So i guess you were wrong.

:shrug:

[jberryhill]

19. Your first paragraph is irrelevant

I have nothing against someone growing vegetables on their property.

Notice that he was cited "in January" and stopped "this summer". No mention of whether or when he intended to pay the citation.

Yes, you can get a speeding ticket and subsequently stay under the speed limit. You still have to pay your speeding ticket.

But the chronology tells us something else, doesn't it?

Now, I'm not much of a farmer, so maybe I don't know what sort of crops one is growing in January in DeKalb County, Georgia. Maybe you can enlighten me on the subject on what one has growing in January (which provides some other clues about scale if he had put in greenhouses).

But aside from the curious January citation, it looks like he didn't pay, comply, or contest the citation until "summer" - e.g. enough time to get another crop out.

Seriously, I'd like to know what, if anything, one would put in - even as early as March - in Georgia.

[druidity33]

22. No, it's not.

Our local PB meets only 1x a month and sometimes doesn't meet if there's no quorom. Pretty much everyone has to show to have quorom, so if someone's sick or away they don't meet. It often takes MONTHS for a rezoning petition to get on the agenda, and sometimes MONTHS more after that to determine how to proceed. For all we know they brought the issue up at a meeting the year prior and it took them until January to cite him.

Really, you are ASSUMING that he was growing something in January. Even in GA just about all you can grow in Jan is greenhouse starts... plenty of work to be done, but not a lot of growing things.

You also say this:
"But aside from the curious January citation, it looks like he didn't pay, comply, or contest the citation until "summer" - e.g. enough time to get another crop out."

Just because the article doesn't mention it, you assume that to be true?

I've got work to do outside in my vegetable garden prepping beds for garlic... last year i planted over 100 cloves. So i might check in when it gets dark, but otherwise... i'm done with this thread.

:)

[jberryhill]

24. "Even in GA just about all you can grow in Jan is greenhouse starts..."

Which indicates that he may have had some structures involved... which was my point.

I'm completely sympathetic to the underlying issues here. But the underlying issues are pretty much irrelevant to whatever the actual legal situation is here.

"Just because the article doesn't mention it, you assume that to be true?"

Quite obviously, since he is contesting a January citation in, what, August or September, then it is a safe bet he hadn't paid it. Otherwise, there's not much to contest.

This is a local zoning dispute, and not the Great Injustice Of Our Age. I'm sure it will get sorted out one way or another.

And, yes, I'll be starting my hydroponic jalapenos this weekend.

[druidity33]

26. i think

you are making assumptions based on this very tiny article. And not entirely logical ones at that. I am willing to give this man the benefit of the doubt because the "facts" that have been given are so vague.

from your post:
"Which indicates that he may have had some structures involved... which was my point."

So, if you have a greenhouse, you have to be zoned Agricultural? Really? Because i didn't realize that was a law in GA.


"I'm completely sympathetic to the underlying issues here. But the underlying issues are pretty much irrelevant to whatever the actual legal situation is here."

It's bullshit that you're sympathetic, otherwise you wouldn't have such a personal objection to this man's plight. If you actually knew something about the legal situation beyond what's in the article, i might consider what you are saying... but you don't and the article(s) are paltry with information.


"Quite obviously, since he is contesting a January citation in, what, August or September, then it is a safe bet he hadn't paid it. Otherwise, there's not much to contest."

How is that obvious? They said the summer. The fact that the article is coming out now has no bearing on when he came into compliance. BTW, to me when someone says summertime... i think of June.


"This is a local zoning dispute, and not the Great Injustice Of Our Age. I'm sure it will get sorted out one way or another."

EXACTLY WHAT I"VE BEEN SAYING. This is a local zoning dispute. It's not a lawsuit, it's a citation. And it's not unheard of for a local court/jurisdiction to waive a fine if the person comes into compliance within a specified amount of time. Shit, the US gov't does it with major oil producers and corporations ALL THE TIME.



"And, yes, I'll be starting my hydroponic jalapenos this weekend."

Are you sure you don't need a permit for that type of equipment?

[BronxBoy]

32. Interesting.........

Doug Dillard is a local attorney who has a family owned farm not too far from mine. He actually sells at the farmers market where I met Steve. Listen. this is all bullshit and I still strongly feel that this may have some basis in the county perceiving some threat to the Dekalb Farmers market. The folks on this thread saying this is a cut and dried zoning issue couldn't be more wrong.

[druidity33]

36. THANK YOU

I'm glad someone who knows more about this can verify that it smells stinky...

i can't say i'm surprised at who's being indignant on this thread, but "the law is the law!" people really need to know that without ALL the facts, they can't comment knowledgeably about the situation.

:shrug:

[druidity33]

37. What's a Bronx Boy doing in Georgia?

Lived in Brooklyn then SI for awhile, grew up on LI but live out in rural MA now... much better for my psyche.

Good harvest this year?

:)

[BronxBoy]

42. LOL...Long Story

We have had an excellent year. We run a 40 member CSA and attend several markets. People really are making conscious decisions about their food. Given the economy, I had expected a dip in sales but it has been just the opposite.

[kestrel91316]

6. Why do you hate food self-sufficiency and eating locally?

[Raineyb]

16. Actually they put the charges on hold when he put in for the rezoning. He's been rezoned

and now they're going after him for the previous charges which they had put on hold. It's ridiculous, people grow things on their property all the time since when do you need to be zoned to have a garden and how the fuck is a garden the equivalent of a waste dump?

[ensho]

5. well, its Georgia for pete's sake

the neo cons there have banned Logic and Reason from crossing the State's borders.

[RavensChick]

41. Uh oh.

I may have to rethink my move if they're gonna have hissy fits about gardening.

[BronxBoy]

44. Well that's not the case

One of our staunchest supporters in growing my local farmers market is the most diehard Republican you would meet. We probably share very little in the way of political views. But for the last 5 years he has made his property available and put his money where his mouth was in supporting our efforts to get folks to eat more sustainably.

Everything is not about Liberal vs. Conservative

[ixion]

7. Our governments hate it when people try and be self-sufficient

it's very sad.

[HiFructosePronSyrup]

9. Unrec for dishonesty.

[littlewolf]

10. ok silly question

was it the local gov. that brought the complaint (local gov can be changed .. or can change laws/policies.)
or a "neighborhood association" these are people that can tell you the color you can paint the
outside of your home ... how long or short your grass can be ... and dictate your garden ...

[HiFructosePronSyrup]

11. Dude had undocumented migrant workers working in his "garden."

Doesn't matter who turned him in.

[druidity33]

15. get a grip...

The article says "unpermitted employees"... which could just as easily be neighborhood kids. I'd like to know where your source for this "undocumented migrant workers" claim comes from...

[jberryhill]

20. Ohhhh.... child labor then?

[druidity33]

21. ever lived in a rural area?

We still have kids picking lowbush blueberries here every summer. You have to be at least 14 and... wait for it...

the farmer has to be PERMITTED to hire "underage" workers.


I guess when i had a newspaper route when i was 12, that was child labor too.

:eyes:

[jberryhill]

23. LOL, lighten up, I worked for a local dairy farmer at age 13 /nt

[druidity33]

25. sorry...

but you were sounding like an asshole, so i treated you like one.

:shrug:

[jberryhill]

28. Sometimes people only hear what they want to hear

Come out of the bunker, it's safe.

[druidity33]

30. pot meet kettle. nt.

[antigone382]

40. Do you have a link for the claim of undocumented migrant workers? I haven't seen it in the articles.

I've seen the word "unpermitted," which is not the same thing. People help out in the gardens around here in exchange for a few bucks or some produce; it's an informal thing I'd consider the equivalent of hiring a neighbor kid to mow your lawn. I don't know if that's the case with him or not, but I don't see two acres producing enough food to have an incredibly profitable commercial operation going on.

[BronxBoy]

34. If anything is dishonest...

it's the reporting

[emilyg]

17. Steve Miller used to be

groundskeeper for our condos. One of the nicest people, loves what he does. I am ashamed of Ga. sometimes.

[BronxBoy]

18. I am very active in the local food movement here.......

and know Steve through our participation at one of the local farmers markets. I remember a year ago when this became an issue. The interesting thing about all of the coverage that I have read is that none of them mention that his gardening activities were a secondary pursuit. From what I understand, Steve has had an ongoing and successful landscaping business at the very same location without incident and without zoning issues. Some local inspector got a bug up her ass about the gardening and brought us to this point.

It is hit and miss when dealing with local governments and regulatory agencies when it comes to the local food movements. The demand is there and is unsatisfied. The smart municipalities get it and are starting to work with local producers like myself to bring sustainable, locally grown food to their populace. The clueless ones cite zoning regulations and throw up roadblocks

I find it interesting that this is happening in Dekalb. The Dekalb Farmers Market is one that has been nationally recognized. There has probably been a 200% increase in the number of new farmers markets in the state, many of which have a producer only or no reselling clause unlike the Dekalb market. Part of this may be a reaction to diminished market share on the part of Dekalb.

Just my 2 cents. I stand with Steve on this issue

[druidity33]

39. i don't understand

how Steve could be undermining the Farmer's Market. Does he have his own roadside stand or something? And what is this about "unpermitted employees"? Someone upthread claims they are undocumented migrant workers...

:shrug:

[BronxBoy]

43. It's not Steve that's undermining the DFM....

It's the growth of farmers markets in general. Demand has far outstripped supply when it comes to local food. In some areas there are simply not enough local farmers to meet demand. In some areas, neighboring markets have taken a cooperative stance in meeting the needs of their citizens. In some they haven't. I don't have any evidence at all that this is the case, just a gut feeling based upon what a lot of my market customers have told me about the DFM

Don't know anything about the employee issue. But I will ask

[Vinca]

27. The zoning people of Dekalb Co. have way too much time on their hands.

[Nikki Stone1]

29. It's about control of the food supply, guys

Independent people who can feed themselves and others are a threat to the corporate power structure.

[diveguy]

31. 2.23 acres

Thats just stupid. Glad i dont live in Dekalb Co. I grow 62 acres of veggies every year and never had to " Zone " it. Anyone in Southeast GA want some veggies next sumer, let me know.

[BronxBoy]

33. I really think this is about.....

protecting the Dekalb Farmers Market. I really do

[diveguy]

35. Most likely

Another example of why i don't like politicians. They can say what they want, But, it's about their friends and money.

[druidity33]

38. Zoning is usually by town...

so i'm not sure all of Dekalb County would be affected. But really? 62 acres and you're not zoned Ag? Wouldn't your property tax be cheaper if you were? Just curious...