N.Y. Farm Bureau Files ‘Friend Of The Court’
Brief In Farm Housing Case
GLENMONT, N.Y. In an
effort to ensure that the Agricul
tural Districts Law is interpreted
in a fair and just manner and
farmers are not subject to unnec
essary restrictions that interfere
with their agricultural opera
tions, New York Farm Bureau
recently filed an amicus curiae
brief with the Court of Appeals.
The brief was filed to support
Paul Hafher, Jr., an Onondaga
County crop farmer in his legal
dispute with the Town of Ly
sander.
The controversy centers on the
interpretation of a 1997 amend
ment to the Agriculture Districts
Law. The Town of Lysander’s
zoning laws require all single
story, residential dwellings to
have a minimum floor area of
1,100 square feet, a size that is
commercially unavailable for
mobile homes. Therefore, the
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town’s zoning laws effectively
prohibit Mr. Hafher from placing
mobile homes on his property for
migrant worker housing that is
needed to operate his crop farm.
The Agricultural Districts Law
prohibits local governments from
enacting local laws or regulations
that unreasonably restrict farm
operations within agricultural
districts. However, because of a
1997 amendment to the Agricul
tural District Law, the Town of
Lysander contends that the law
does not protect on-farm residen
tial buildings.
“This case is precedent set
ting,” stated Elizabeth Corron
Dribusch, general counsel for
New York Farm Bureau. “We
are happy that the Court of Ap
peals has decided to hear this
case. Preventing farms from
using this form of affordable
farm housing could have devas
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Many New York farmers rely
heavily on a seasonal workforce.
Many seasonal workers travel
here for the numerous benefits of
working on New York farms, in
cluding the free or low-cost hous
ing farmers provide in exchange
for this vital service. The farmer
must often provide these housing
facilities on site, since rental
New York Assembly Passes Bill
Creating Council On Sustainable Agriculture
ALBANY, N.Y. The Assem
bly recently passed legislation
sponsored by Agriculture Com
mittee Chairman Bill Magee that
would create and establish a
Council on Sustainable Agricul
ture within the Department of
Agriculture and Markets.
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3 to 6
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units in rural areas are often not
accessible.
In this case, it is the contention
of New York Farm Bureau and
other supporters, that the town’s
restrictions on the use of mobile
homes for farm labor housing are
unreasonably limiting and in vio
lation of the Agricultural Dis
tricts Law.
“For a town to arbitrarily op
pose one farmer’s affordable and
“I have said over and over that
we must look at agriculture in its
totality what can we do to as
sist every facet of farming
from lowering costs and increas
ing efficiency and productivity to
marketing products and increas
ing revenue,” Magee said.
This bill would establish a
Council on Sustainable Agricul
ture comprised of the commis
sioners of three New York State
¥le Salute Our Farming Industry
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Lancaster Farming, Saturday, May 19,2001-A25
acceptable means of providing
housing for season workers is un
reasonable,” added Dribusch.
“This fanner’s entire season is at
risk if he cannot provide this
benefit for his workers. Without
housing, he will not be able to re
main competitive and hire the
necessary employees. If the
Court of Appeals agrees with the
Town of Lysander, farms across
the state are in jeopardy.”
Agencies and 12 appointees to
integrate rural/urban issues by
providing the fanner and the
consumer with information ad
dressing the economic concerns
of the farmer and the consumer’s
concern with a safe, sustainable
food supply.
“There is a tremendous part
nership to be had between rural
and urban New York and this
Council is the first step to fully
realizing it,” Magee commented.
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