Appeals Court Releases Ruling

On Tuesday, January 21, 2025 we received the ruling of the court regarding the Bainbridge decision to appeal the judge’s ruling in the agritourism case between Bainbridge and Kelly’s Working Well Farm (see below). The court determined that while our summer camp program indeed constituted agritourism, and may continue unchanged, the homeschool program known as the Chagrin Valley Learning Collective was not “open to the public” as required by the agritourism law, and thus not considered agritourism. All other decisions of the original judge remain unaffected.

We are happy that to a large degree the original rulings of the judge were affirmed. We are also pleased to get additional clarity on the court’s interpretation of the agritourism law. Bainbridge has attacked our programming from a wide variety of angles, while emphasizing that their primary concern was safety. Yet this court found only one reason to reject our hosting of the CVLC (while allowing summer camps), the question of whether or not it was open to the public. We are confident that we can work with the judge and Bainbridge to allow the farm to offer year-round educational and recreational programming by hosting homeschool co-ops and other organizations for extended durations.

An even greater reason to celebrate this court decision is that it allows us to move forward on finally resolving the remaining fire code citations on our farm buildings, in place since November 2019. Agricultural buildings are not subject to, nor is it even possible to get, building permits. Instead we requested, and were granted a farm exemption by the zoning inspector, to construct our main building with the expectation that we would hold agritourism activities there. The zoning inspector later visited and found no issue with our buildings, It was only a year or so later that that farm exemption was rescinded. Nevertheless, we believe we have mitigated the violations and over the years we have repeatedly asked for inspection, or at the very least clarification. The response of the Bainbridge fire inspector has been that he is “not qualified” to determine if the violations that he originally identified still remain. This in spite of the fact that he is the only authority having jurisdiction over farm buildings in the township. We hope that now the court will be able to turn its attention to this issue so that we may return to providing a variety of agricultural education and recreational opportunities to the public using our farm buildings. 

KWWF and CVLC wins in Court!

On August 24, 2023 Geauga County Common Pleas Court Judge Paschke released her ruling in the case of Bainbridge Township fire and zoning vs Kelly’s Working Well Farm, finding that our educational programming, summer camps and farm immersion home-school cooperative, indeed qualify as agritourism, and that there is no legal basis for the Township’s claim that the farm was/is operating a school or day-care. Yet over the past four years the Township has used countless tax-funded hours pursuing their case against our small, non-profit educational farm. We believe that the role of local government should be to help its residents and to work with them to resolve concerns they may have. Township Council members refused to intervene, or even talk with us, in spite of the fact that it became increasingly clear that the township was pursuing a losing strategy – one that harmed the reputation of the township and incurred substantial financial costs to the taxpayers, in addition to creating needless legal fees, and causing well over 100 thousand dollars in lost revenue for the farm. The fact that this case had to be resolved in court is the biggest failure of all.

As a society we face significant challenges on many fronts. Many, if not all of them, will be best managed at a local level. This will require local government members and citizens who are good communicators, creative problem solvers, and always seek to understand each other and pursue win-win solutions. We hope that the members of the Bainbridge Council, as well as the zoning and fire inspectors will take this opportunity to change course and decide to work with the farm to resolve the remaining issues that prevent us from fully pursuing our educational and agricultural mission.

We are thankful to Emily Collins and Andy Karas of Fair Shake Environmental Defense for guiding us through a very challenging legal situation. Their high ethical standards and professionalism helped steady us during difficult times. We were supported by many folks in the community who wrote letters, gave technical advice or financial contributions, stood with us on the courthouse steps (!), and sent encouraging words and thoughts. Heartfelt appreciation and respect go out to the Chagrin Valley Learning Collective families who endured the trauma of dislocation and uncertainty over the past four years. We don’t know how the program would have survived without the steadfast presence of CVLC staff Erin Rodriguez who has stewarded the program through this whole period, and with the help of Paige Rutz, brought the program and summer camp back to the farm in 2022 in spite of threats of the Township to shut it down again. Thank you all! The CVLC begins its 2023-24 year on the farm next week and is still accepting new members.