[AT] Quick question

macowboy at comcast.net macowboy at comcast.net
Fri Nov 13 05:25:29 PST 2015


Spencer; 

Is your town a right to farm community? Rehoboth, MA is a right to farm community which was done to prevent the over development and squeezing out of farms. Rehoboth is very close to Providence, RI and other urban centers in Massachusetts. Without the strict zoning laws and the right to farm status, it would be loaded with section 8 housing and strip malls. I would pursue this route with your local community. You win the case hands down as public opinion always sides with small farmers. I can send the copy of the law directly to you if needed. 

I am going to also ask my good friend and consigiliere Barry "The Beast". Barry is the director of quality and regulatory affairs for a pharmaceutical company. He deals with issues like this all the time and never loses. He travels to Washington, DC and even stumps the FDA lawyers. I will forward your email to him and see what he has to say. 


Jim Thomson 
Rehoboth,MA 

----- Original Message -----

From: "ATIS" <yostsw at atis.net> 
To: at at lists.antique-tractor.com, sel at lists.stationary-engine.com 
Sent: Thursday, November 12, 2015 10:06:06 PM 
Subject: [AT] Quick question 

Just a quick question: I have a completely legal farm: Properly zoned, above the minimum size, and part of an agricultural district. I am constantly getting sued by the mac-mansion neighbors around me. They always lose and in fact the last time the judge dismissed "with prejudice". I assumed that would keep anyone from suing but it doesn't. It just means I win but I still have to spend money to defend it. In fact, I was served yet again with a lawsuit early this week. 

In short: There does not seem to be a disincentive built into the system to prevent suits - even if I keep winning. My legal team - who keeps winning so I am biased towards listening - says filing a suit against the neighbors for frivolous lawsuits would probably fail. They say the court requires "malice and callous disregard for the merits" for that to stick and it's a high bar to prove. The fact they won't take that on contingency sort of proves to me they believe what they say. A second opinion I sought supported their position. 

Anyone else who is farming on this list that is running up against this? Just curious. The legal bills are becoming onerous and everyone I talk to locally has not seen this. 

Spencer Yost 
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