- Ag Docket
(court holds that state (FL) Right-to-Farm Act applied only to ordinances enacted after the Act was adopted; plaintiff owned and operated nursery on several tracts located in agricultural-residential zoning district; plaintiff owned most parcels for many years, but purchased one of the subject tracts in 2005 on which plaintiff cited for operating a wholesale or retail nursery without proper zoning approval in violation of Unified Land Development Code (ULDC); plaintiff filed for special permit which defendant issued subject to conditions which plaintiff then claimed violated state Right-to-Farm Act; trial court granted defendant's motion for summary judgment on basis that Right-to-Farm Act banned any new ordinances restricting farm activity and had no impact on pre-existing conditions; appellate court affirmed that Right-to-Farm Act did not apply to ULDC - ULCD enacted in 1989 and Right-to-Farm Act in 1990; but, ordinance pertaining to special permits enacted in 2002 and was subject to Right-to-Farm Act; case remanded for review of application of Right-to-Farm Act to ordinances that negatively interfered with plaintiff's farming operations).
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