Use of Christmas Tree Farm For Weddings Is Not Agritourism.

The plaintiff operated a Christmas Tree farm on his 110-acre property.  Neighbors complained about the additional noise and traffic associated with the plaintiff's use of the farm for weddings, and business and educational events.  The local zoning board held that the plaintiff could not hold such events on his premises, rejecting the plaintiff's argument that his event business activity constituted agritourism under state law which allowed such activity on farm land as a farming activity.  The plaintiff appealed and the trial court upheld the zoning board's finding.  The trial court determined that the zoning board's decision was reasonable, and that the petitioner could not argue that the event business was an accessory use of the farm land or that the event business was subordinate or incidental to the use of the land as a Christmas tree farm.  The trial court made a specific finding that guests were more attracted to the view rather than the Christmas trees.  The evidence also showed that no other farms in the area marketed wedding and other events as accessory uses.  The trial court, however, did not uphold the zoning board's attempt to fine the plaintiff for violation of the local zoning ordinance.  On appeal, the court affirmed.  There was no longstanding practice of using farms for weddings and meetings that would have been allowed as an exceptional use as ancillary to the use of the land as a farm.  Forster v. Town of Henniker, No. 2013-893, 2015 N.H. LEXIS 54 (N.H. Sup. Ct. Jun. 12, 2015).