LEMON TWP, Ohio — Can a farm have a deli, bakery and event space and still legally be considered a farm?
That question is at the center of a zoning dispute that has now moved to Butler County Common Pleas Court and could determine the future of Garver Family Farm Market.
For nearly 100 years, the Garver family has farmed in Lemon Township. Today, the family says adapting to modern agriculture has meant expanding beyond selling fresh produce.
The dispute began after Butler County zoning officials determined the farm's new market building exceeded what is allowed on agricultural land.
Michael Garver disagrees.
"We want to make a cucumber salad, which we do. We do that in our kitchen," Garver said. "They say it's a commercial kitchen. I disagree. It is a kitchen with a health permit so I can process this."
WATCH: Garver Family Farm Market zoning dispute heads to court in Butler County
Garver argues the building is primarily used to produce wine and host wine tastings, which the family says is protected under Ohio law.
The family also points to an Ohio law that protects farm markets when at least half of their revenue comes from products grown or managed by the farm.
According to court documents filed by Butler County Building and Zoning Administrator Dennis Dickard, county staff argue more than half of the building is being used for commercial purposes, including a deli, bakery and event space.
After a hearing in March, the Butler County Board of Zoning Appeals ruled in Garver's favor, finding no zoning violation.
For Garver, the stakes are personal.
"What you see here, that's our income," Garver said.
But the legal fight did not end there.
Dickard appealed the Board of Zoning Appeals' decision, asking a judge to overturn it. Last week, Butler County commissioners voted 2-1 to continue backing that legal challenge.
Commissioner Cindy Carpenter cast the lone dissenting vote, saying family farms need flexibility to survive.
"The way that family farms have survived in this county in the past is not the way they are going to survive in the future, and we need to meet the needs of these farmers," Carpenter said.
The other two commissioners did not respond to WCPO's requests for comment. The county says staff members, including Dickard, will not comment because the case is pending in court.
Garver says regardless of how the judge rules, the financial toll of the legal battle could be devastating.
"It could put us under," Garver said. "Our margins right now with how much we invested with the new building that was supposed to keep us here for generations, it would make that unfeasible."
A Butler County Common Pleas Court judge will now decide whether the appeal can move forward and, ultimately, whether Garver Family Farm Market can continue operating under its current agricultural zoning.
