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sale permitted. This is no different than if the land owner were growing and selling tomatoes. He could sell them in bulk or sell them one at a time on the property. He could allow a buyer to taste a slice. Here the agricultural product is beer and it is no different than tomatoes when applying this Section once the activity has been categorized by the Administrator under 170-36 G.
Mr. McCarthy took exception to the characterization of his determination “that making beer constituted an agricultural use for zoning purposes”
The agricultural operation that Mr. McCarthy is referring to is Mr. Stewart's initial commitment to grow the bulk of the grain and hops required for the beer-making activity and to dispose of the brewery gram waste by feeding it to cattle. It was that commitment that led to the initial approval of the brewery, and it is the failure of Mr. Stewart to comply with that commitment that led to his problems with the Zoning Administrator and the BZA.
In the written decision, Judge Parker requested that the plaintiff”s attorney, Daniel M. O'Connell, Jr., “prepare an Order consistent with this opinion.” That Order will be presented to the County on Nov. 13 and, after its review, the County may chose to appeal the decision of the Twentieth Judicial Court.
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