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DRAFT
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<br />when performed on a farm agriculture, agricultural farming includes agro-tourism. And she focused 1
<br />in on this language here at the very end, similar activities incident to that, but that’s not when you 2
<br />read that paragraph, that’s incident to the operation of the farm. That’s not modified there, that’s 3
<br />modifying in similar activities related to agricultural items produced on the farm. It’s clear that it’s, in 4
<br />reading that in context, it is when performing the farm. Agriculture, agricultural, and farming also 5
<br />includes agro-tourism, period. Now, she also pointed out that 99e-30, which does define agro-6
<br />tourism and it’s not, it defines agro-tourism activity, that’s not directly linked to the zoning powers or 7
<br />106, chapter 106. However, again, this is Professor Owen’s citing, this is under tab 2, under rules 8
<br />of interpretation, if you look on page 183 and this is footnote 24. He cites, development associates 9
<br />versus Wake County Board of Adjustment, 1981, Court of Appeals case, North Carolina Court of 10
<br />Appeals case for the proposition that a it is appropriate to examine other statutes defining 11
<br />agriculture in reviewing the scope of bone fide farm exemption from County zoning. So he directly 12
<br />points to another case where the court went and looked beyond the specific section that they were 13
<br />looking at in terms of zoning, and agriculture, and bona fide farms to other chapters in the statutes 14
<br />that weren’t directly linked to try and find that, you know, understand better that definition and 15
<br />whether in that case should they the applicant was trying to claim, the property owner was trying to 16
<br />claim that their dogs were, should, be considered as livestock. And so the courts went through an 17
<br />exhaustive examination of the statutes looking in about four different chapters. None of which were 18
<br />addressed or cited in that zoning section to try and understand, interpret the definition of livestock. 19
<br />So it makes. It’s perfectly consistent with that decision in this case to look at chapter 99e in 20
<br />identifying how agro-tourism should be defined. And again, I have that walk through under tab 11 21
<br />of the notebook. It breaks it down very clearly. Any activity. Can’t be more broad than that. Carried 22
<br />out on a farm that allows members of the general public for recreational, entertainment, or 23
<br />education purposes. And in this case the record is clear that there are recreational, entertainment, 24
<br />and education. Because even education when it comes to weddings, because they’re doing flower 25
<br />picking, arranging, workshops, learning about different flowers, doing honey tasting, learning about 26
<br />the bees, doing farm tours, learning about the farming operation, and that if you’ll recall, that’s 27
<br />exactly what Erin White testified to, is that the purpose of agro-tourism is to bring people to rural 28
<br />areas so they can learn about the cultural economic and other values that agriculture brings to this 29
<br />state, and this community. And then the next clause to view or enjoy rural activities, clearly being 30
<br />done here including farming, ranching, historic, cultural, harvest your own activities, those are 31
<br />those are part of this operation and part of weddings, and natural activities and attractions. So it fits 32
<br />that definition. The definition is broad. Both of the cases that I cited last time and Mr., Professor, 33
<br />Ducker’s broad article underscore that the policy of this state is to be broad and encouraging of 34
<br />agricultural activities and not constricting and reductive. And that is consistent with the idea of 35
<br />property rights and that zoning, zoning laws, zoning regulations are in derogation of property rights 36
<br />and vote it should be looked at very narrowly as to when those zoning laws apply. When they do 37
<br />apply they apply of full force, but they the preference is for those regulations not to interfere with 38
<br />property rights to works, those are all consistent policies within this state that are counter to Ms. 39
<br />Brown’s argument. I’ll point out also as was identified that weddings are included on the North 40
<br />Carolina Department of Agriculture’s website that specifically defines agro-tourism, it’s included. To 41
<br />the activities are absolutely related, the record is unequivocal about that. And I would also point 42
<br />out, finally, Ms. Brewer attended the Orange County Ag Summit and Professor Owen’s quoted at 43
<br />that summit. 44
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