Sunday, July 23, 2006

Keeping Horses Not an Agricultural Activity

In re Tavalario, 2006 N.J. Super. LEXIS 183 (N. J. June 27, 2006)

Tavalario challenged a state Agricultural Development Committee decision that his keeping of horses on a 7-1/2 acre property in Gloucester County did not constitute an agricultural activity that would exempt him from certain land use and zoning restrictions under New Jersey's Right to Farm statute.

The township had changed the zoning scheme for the property from agricultural use to residential zoning requiring a variance to practice agriculture on it prior to Tavalario buying the property and locating horses on it.

The SADC decision, affirmed by the supreme court, found that Tavalario could not show income of $2,500 per annum from his activities, either present or in the form of contingent contracts, that would allow him to meet the threshhold requirements for exemption under the statute.


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