Case Law Index Agritourism
January 1, 1985 – June 2, 2025
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Agritourism that were decided between the dates listed above. The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only and are not a substitute for legal counsel.
FIRST CIRCUIT
Serna v. Lafayette Nordic Village, Inc., Civil No. 14-cv-049-JD, 2015 DNH 138 (D. N. H. 2015) (Negligence claims against a farm/resort operation after slip-and-fall on premises) Text
Estes v. Pineland Farms, Inc., No. 2:10-cv-00347-MJK, 2012 WL 1977956 (D. Me. 2012) (Farm employee backpay) Text
Zuckerman v. Coastal Camps, Inc., 716 F.Supp.2d 23 (D. Me. 2010) (Maine Equine Activities Act) Text
Family Winemakers of Ca. v. Jenkins, 592 F.3d 1 (1st Cir. 2010) (wine statute violated the Commerce Clause) Text
SECOND CIRCUIT
Rivendell Winery, LLC v. Town of New Paltz, 725 F.Supp.2d 311 (N.D. N.Y. 2010) (zoning issues for a winery) Text
Arnold’s Wines, Inc. v. Boyle, 571 F.3d 185 (2d Cir. 2009) (N.Y.’s alcohol scheme was permissible under the 21st Amendment) Text
THIRD CIRCUIT
Willow Creek Winery, Inc. v. Borough of West Cape May, N.J., Civil No. 12-6329 (NLH), 2015 U.S. Dist. LEXIS 173594 (D.N.J. 2015) (obstruction of construction on winery by neighbor and local officials) Text
DeShields v. International Resort Properties, Ltd., 463 Fed. Appx. 117 (3rd Cir. 2012) (trail rides and negligence) Text
Estate of Creek v. Mittal Steel USA, Inc., No. 06-701, 2008 WL 1752236 (W.D. Pa. April 14, 2008) (recreational use statute) Text
Vorhes v. Mittal Steel USA, Inc., No. 06-1130, 2008 WL 794460 (W.D. Pa. Mar. 24, 2008) (recreational use statute) Text
FOURTH CIRCUIT
Alive Church of the Nazarene, Inc. v. Prince William Cnty., 59 F.4th 92 (4th Cir. 2023) (churches are not considered agritourism under agricultural zoning ordinance) Text
Western World Ins. Co. v. Wilkie, No. 5:06-CV-64-H (3), 2007 WL 3256947(E.D.N.C. Nov. 02, 2007) (insurance coverage) Text
U.S. Dept. of Labor v. North Carolina Growers Ass’n. 377 F.3d 345 (4th Cir. 2004) (Christmas tree farms and labor) Text
FIFTH CIRCUIT
Siesta Vill. Mkt. LLC v. Steen, 595 F.3d 249 (5th Cir. 2010) (state limitation on out-of-state alcohol sales did not violate Commerce Clause) Text
M.J. Farms, Ltd. v. U.S. Fish & Wildlife Serv., 593 F. Supp. 2d 907 (W.D. La. 2008) (baiting leased hunting areas) Text
Davis Mountains Trans-Pecos Heritage Ass’n. v. Federal Aviation Admin., 116 Fed. Appx. 3 (5th Cir. 2004) (eco-tourism, hunting leases, and takings) Text
Harlan v. Frazier, 635 F. Supp. 718 (W.D. La. 1986), aff’d, 811 F.2d 601 (5th Cir. 1987), aff’d, 811 F.2d 601 (5th Cir. 1987) (immunity of recreational landowner) Text
SIXTH CIRCUIT
Wineries of the Old Mission Peninsula Ass’n v. Twp. of Peninsula, 41 F.4th 767 (6th Cir. 2022) (zoning ordinances that regulate vineyards’ activities) Text
Cherry Hill Vineyards v. Lilly, 553 F.3d 423 (6th Cir. 2008) (state statute regulating small wineries violated Commerce Clause) Text
Lawson v. Dutch Heritage Farms, Inc., 502 F.Supp.2d 698 (N.D. Ohio 2007) (negligence) Text
Gardner v. Simon, 445 F.Supp.2d 786 (W.D. Mich. 2006) Text
Chao v. Double JJ Resort Ranch, 375 F.3d 393 (6th Cir. 2004) (dude ranches and regulations) Text
SEVENTH CIRCUIT
Christie v. Forecki, 404 F.Supp.3d 1206 (N.D. Ill. 2019) (horseback riding and negligence and violation of the Illinois Animal Control Act) Text
Dilley v. Holiday Acres Properties, Inc., 905 F.3d 508 (7th Cir. 2018) (horseback riding trail and negligence) Text
Chapman v. U.S. Dept. of Agriculture, No. 1:06-cv-0848-JDT-TAB, 2007 WL 3334862(S.D. Ind. Nov. 08, 2007) (recreational use statute)
Schneider v. County of Will, State of Illinois, 190 F.Supp.2d 1082 (N.D.Ill. 2002) (Bed & Breakfast and zoning) Text
Ansick v. Hillenbrand Indus., Inc., 933 F. Supp. 773 (S.D. Ind. 1996) (guest’s action against owner of recreational farm) Text
EIGHTH CIRCUIT
Alexis Bailly Vineyard, Inc. v. Harrington, 482 F. Supp. 3d 820 (D. Minn. 2020) (challenge to Minnesota Farm Wineries Act) Text
Greika v. U.S., 281 Fed. Appx. 631, 2008 WL 2388897 (8th Cir. June 13, 2008) (recreational use statute) Text
NINTH CIRCUIT
Morris v. West Hayden Estates First Addition, 104 F.4th 1128 (9th Cir., 2024) (HOA cannot prevent family from hosting Christmas village under Fair Housing Act) Text
M&T Farms v. Federal Crop Ins. Corp., 103 F.4th 724 (9th Cir., 2024) (direct marketing operations may not be insurable under “farming activity” policies) Text
FFV Coyote LLC v. City of San Jose, 637 F. Supp.3d 761 (N.D. Cal. 2022) (eminent domain of agricultural tourism location) Text
Cox v. Mariposa County, 445 F.Supp. 3d 804 (E.D. Cal. 2020) (A building that is agricultural in nature is still bound by residential codes if it houses guests) Text
Nemee v. County of Calaveras, 2012 U.S. Dist. LEXIS 20373 (E.D. Cal. June 22, 2012) (golf course) Text
Ellwood v. United States, No. 07-6225-TC, 2009 WL 3125480 (D. Or. Sept. 25, 2009) (recreational use statute) Text
U.S. v. Park, 536 F.3d 1058 (9th Cir. 2008) (violation of scenic easement) Text
Cleveland v. U.S., 546 F.Supp.2d 732 (N.D. Cal. 2008) (recreational use statute) Text
Spoklie v. Montana, 411 F.3d 1051 (9th Cir. 2005) (challenge to state ballot initiative that eliminated fee shooting of alternative livestock) Text
King v. CJM Country Stables, 315 F.Supp.2d 1061 (D. Haw. 2004) (Recreational Use statute) Text
Racine v. United States, 858 F.2d 506 (9th Cir. 1988) (holding that scenic easement did not preclude construction of dude ranch) Text
TENTH CIRCUIT
Sherer v. U.S. Forest Serv., 727 F.Supp.2d 1080 (D. Colo July 22, 2010) (fees for use of federal recreational forestland) Text
Carden v. Kelly, 175 F.Supp.2d 1318 (D. Wyo. 2001) (dude ranches and personal injury) Text
Cooperman v. David, 23 F. Supp. 2d 1315 (D. Wyo. 1998), aff’d, 214 F.3d 1162 (10th Cir. 2000) (“inherent risk” under state recreational safety act) Text
Street. v. Darwin Ranch, Inc., 75 F. Supp. 2d 1296 (D. Wyo. 1999) (horse rider’s action against dude ranch operator) Text
Sulzen ex rel. Holton v. United States, 54 F. Supp. 2d 1212 (D. Utah 1999) (alleged failure to keep the area safe and failure to warn of a dangerous condition) Text
ELEVENTH CIRCUIT
In re Watford, 898 F.2d 1525 (11th Cir., 1990) (the definition of “farming operation” must be construed broadly and the activity must take place on the property) Text
TAX COURT
Baldwin v. C.I.R. 2002 WL 1377741 (T.C. 2002) (taxation for summer camp) Text
ALABAMA
Estes v. Stepping Stone Farm, LLC, 160 So.3d 299. (Ala. Civ. App. 2014) (holding that the Equine Activities Liability Protection Act’s immunity exception regarding failure to determine rider’s ability did not apply) Text
Jones v. Sherrell, 52 So.3d 527, 2010 WL 2465468 (Ala. Civ. App. 2010) (dissolution of a partnership operating a pumpkin patch) Text
Alabama Dep’t of Revenue v. Nat’l Peanut Festival Ass’n, 11 So.3d 821 (Ala. Civ. App. 2008) (tax exemption for agricultural fair) Text
Lilya v. Greater Gulf State Fair, Inc., 855 So.2d 1049 (Ala. 2003) (liability of fair operator – duty to warn) Text
Ford v. Bynum Livestock and Com’n Co., Inc., 674 So2d 600 (Ala. Civ. App. 1995) (holding that the landowner was not liabile when two horses injured an invitee on the Defendant’s farm) Text
ARKANSAS
Roeder v. U.S., 432 S.W.3d 627, (Ark. 2014) (holding that malicious conduct under landowner immunity statute included conduct in reckless disregard of the consequences) Text
Delancy v. Arkansas, 151 S.W.3d 301 (Ark. 2004) (injunction requiring rancher to slaughter elk herd) Text
CALIFORNIA
Cleveland National Forest Foundation v. County of San Diego, 37 Cal. App. 5th 1021 (2019) (holding that incidental residential development on agritourism destination subject to voluntary use restriction means naturally used with or functionally necessary to primary use) Text
Pendergrass v. Diamond Bar & Circle K Horse Rentals, No. B219081, 2010 WL 3387541 (Cal. Ct. App. Aug. 30, 2010) (assumption of risk bars claim against stable by customer who was thrown from horse) Text
Levinson v. Owens, 98 Cal. Rptr.3d 779 (Cal. Ct. App. 2009) (no breach of duty in horse riding accident at ranch) Text
Vail Lake Rancho Cal., LLC v. Sundance Intern., LP, 2006 WL 1633858 (Cal. Ct. App. June 14, 2006) (recreational use easement) Text
Miller v. Weitzen, 133 Cal.App.4th 732 (Cal. Ct. App. 2005) (recreational use statute) Text
Bronco Wine Co. v. Jolly, 95 P.3d 422 (Cal. 2004) (liability for cider producers) Text
Shipman v. Boething Treeland Farms, Inc., 77 Cal. App. 4th 1424 (Cal. Ct. App. 2000) disapproved of by Klein v. United States, 235 P.3d 42 (Cal. 2010) (duty of due care to trespasser under recreational use statute) Text
Harrold v. Rolling J Ranch, 19 Cal. App. 4th 578 (Cal. Ct. App. 1993) (negligence action against resort and riding stable) Text
Galardi v. Seahorse Riding Club, 16 Cal. App. 4th 817 (Cal. Ct. App. 1993) (personal injury action against riding club) Text
Guido v. Koopman, 1 Cal. App. 4th 837 (Cal. Ct. App. 1991) (suit against horseback riding instructor for injuries) Text
County of Sonoma v. Rex, 231 Cal. App. 3d 1289 (Cal. Ct. App. 1991) (commercial bed and breakfast inn on agricultural land) Text
Charpentier v. Von Geldern, 191 Cal. App. 3d 101(Cal. Ct. App. 1987) (recreational trespasser’s action for injuries) Text
COLORADO
Fleury v. Intrawest Winter Park Operations Corp., 411 P.3d 81 (Colo. Ct. App. 2014) (avalanche that killed skier was inherent danger or risk of skiing under Ski Safety Act) Text
Clyncke v. Waneka, 157 P.3d 1072 (Colo. 2007) (limiting liability by statute for equine related injuries) Text
Fielder v. Acad. Riding Stables, 49 P.3d 349 (Colo. Ct. App. 2002) (failure to satisfy continuing duty to ensure suitable match between horse and rider) Text
Culver v. Samuels, 37 P.3d 535 (Colo. Ct. App. 2001) (holding that the horse owner was protected from. Liability by equine activity immunity statute) Text
Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781 (Colo. 1989) (horseback rider’s action to recover damages against ranch) Text
Simkin v. Heil Valley Ranch, Inc., 765 P.2d 582 (Colo. Ct. App. 1988), rev’d, 784 P.2d 781 (Colo. 1989) (release agreement does not preclude suit against ranch) Text
CONNECTICUT
GCS Land Development Corp. v. Zoning Comm’n of Town of Somers, 2023 WL 1794513 (Conn. Super. Ct. Feb 2, 2023) (challenging a zoning regulation allowing farm wineries as accessory uses to farms) Text
Hills v. Middletown Zoning. Bd. of Appeals, 2010 WL 625807 (Conn. Super. Ct. Jan. 15, 2010) (holding that operation of a rodeo in an R-60 residential zone was not a permitted agricultural use of the property under the zoning code). Text
Reilly v. Leasure, No. FSTCV085009675S, 2010 WL 4611891 (Conn. Oct. 22, 2010) (negligence action after horse kick) Text
Alexson v. White Mem’l Found., Inc., No. CV075002299, 2008 WL 803423 (Conn. Super. Ct. Mar. 05, 2008) (recreational use statute)
Gresczyk v. Landis, 2006 WL 1644545 (Conn. Super. Ct. May 25, 2006) (golf courses and Agritourism)
Zanette v. Planning & Zoning Bd. of Appeals, 2006 WL 3316770 (Conn. Super. Ct. Oct. 27, 2006) (farm stands and zoning)
Abrams v. Jones, 2005 WL 1331232 (Conn. Super. Ct. May 11, 2005) (liability for apple cider)
Messina v. Fifty Acres, LLC, 2004 WL 945058 (Conn. Super. Ct. April 14, 2004) (farm stands and zoning)
Mitchell v. Newton Zoning Bd. of Appeals, 314 94 56, 1994 WL 668123 (Conn. Super. Ct. Nov. 22, 1994) (cease and desist order precluding roadside selling of farm produce is invalid)
FLORIDA
Griffis v. Bridle Oaks Estate, LLC, 347 So. 3d 392 (Fla. Dist. Ct. App. 2021) (whether event venue is agritourism) Text
GEORGIA
Gadd v. Warwick, 792 S.E.2d 773 (Ga. Ct. App. 2016) (holding that injuries from Equine or Llama Activities Act’s exception to immunity did not apply in camp counselor’s action against lessor who leased horses to camp) Text
Mays v. Valley View Ranch, Inc., 730 S.E.2d 592 (Ga. Ct. App. 2012) (holding that equestrian camp was immune from negligence claims brought on 14-year-old girl’s behalf for injuries to her foot caused by falling) Text
Georgia Power Co. v. Jones, 626 S.E.2d 554 (Ga. Ct. App. 2006) (Bed & Breakfast and condemnation) Text
Muller v. English, 221 Ga. App. 672 (Ga. Ct. App. 1996) (efforts by fox hunt sponsors and prescribed language in release signed by rider were substantial compliance with statutory requirements for liability immunity) Text
Bridges Farm, Inc. v. Blue, 472 S.E.2d 465 (Ga. Ct. App. 1996), aff’d in part, rev’d in part sub nom. Bridges Farms, Inc. v. Blue, 480 S.E.2d 598 (Ga. 1997), vacated, 488 S.E.2d 130 (Ga. Ct. App. 1997) (farm visitor’s action for injuries against farm owner) Text
Smoky, Inc. v. McCray, 396 S.E.2d 794 (Ga. Ct. App. 1990) (negligence action against ranch) Text
HAWAI’I
Rosehill v. State, 556 P.3d 387 (Haw: Sup. Ct., 2024) (farm stay short-term rentals are impermissible in agricultural district) Text
Pono v. Molokai Ranch, Ltd., 194 P.3d 1126 (Haw. Ct. App. 2008) (ranch’s campgrounds in violation of county zoning ordinance) Text
Courbat v. Dahana Ranch, Inc., 141 P.3d 427 (Haw. 2006) (holding that presence or absence of unfair trade practices was for trier of fact in action by injured. Horseback rider against ranch) Text
Thompson v. Kyo-Ya Co., Ltd., 2006 WL 3232163 (Haw. Nov. 9, 2006) (holding that immunity from Recreational Use statute applied to scuba instructor’s negligence claim against hotel) Text
Courbat v. Dahana Ranch, Inc., 141 P.3d 427 (Haw. 2006) (waiver) Text
Geiger v. Hawai’i County Planning Com’n, 125 P.3d 1060 (Table) (Haw. 2005) (zoning for agritourism) Text
In re Waiola O Molokai, Inc., 83 P.3d 664 (Haw. 2004) (water rights for a “working ranch”) Text
IDAHO
Rammell v. Idaho Dep’t of Agric., 210 P.3d 523 (Idaho 2009) (validity of regulations imposing fees on domestic cervidae) Text
ILLINOIS
Perkinson v. Courson, 97 N.E.3d 574 (Ill. App. 2018) (holding that the Missouri Equine statute applied) Text
Smith v. Lane, 832 N.E.2d 947 (Ill. App. Ct. 2005) (limiting liability by statute for equine related injuries) Text
Kush v. Wentworth, 790 N.E.2d 912 (Ill. App. Ct. 2003) (The Animal Control Act and personal injury) Text
Phillips v. Cmty. Ctr. Found. & Children’s Farm, 606 N.E.2d 447 (Ill. App. Ct. 1992) (personal injury action against owner of educational farm) Text
Lane v. Titchenel, 562 N.E.2d 1194 (Ill. App. Ct. 1990 (defining recreational purposes; landowner’s immunity) Text
Mitchell v. Waddell, 544 N.E.2d 1261 (Ill. App. Ct. 1989) (recreational user’s action to recover for injuries) Text
Knor v. Madison County, 502 N.E.2d 1063 (Ill. App. Ct. 1986) (dispute over permit to establish gun club in agricultural district) Text
INDIANA
Blind Hunting Club, LLC v. Martini, 169 N.E.3d 1121 (Ind. Ct. App. 2021) (hunting club and easements) Text
Einhorn v. Johnson, 996 N.E.2d 823 (Ind. Ct. App. 2013) (holding that the equine activity sponsors had immunity from. Negligence suit pursuant to equine activity statute) Text
Perry v. Whitley County 4-H Clubs, Inc., 931 N.E.2d 933 (Ind. Ct. App. 2010) (holding that the Club had immunity under the Equine Activity Statute as risk of being kicked by a horse. Was inherent in the activity) Text
Westfield Companies v. Knapp, 804 N.E.2d 1270 (Ind. Ct. App. 2004) (farm stands and insurance) Text
Forrest v. Gilley, 570 N.E.2d 934 (Ind. Ct. App. 1991) (personal injury suit against horse owner) Text
IOWA
Sallee v. Stewart, 826 N.W.2d 128 (Iowa, 2013) (holding that farm owners were not entitled to recreational use immunity with respect to school chaperone’s negligence claim) Text
Meduna v. City of Crescent, No. 07-1919, 2008 WL 5234316 (Iowa Ct. App. Dec. 17, 2008) (bed and breakfast did not violate city zoning ordinance) Text
KANSAS
Corbet v. Bd. of Shawnee County Comm’rs, 783 P.2d 1310 (Kan. Ct. App. 1989) (hunting preserve on property zoned agricultural) Text
KENTUCKY
Jones v. Energy and Environment Cabinet, 2023-CA-0605-MR (Ky. Sup. Ct., 2024) (neighboring pumpkin patch is a “significant feature” requiring disclosure on construction permits) Text
Bradley v. Louisville Mega Cavern, LLC, 2023 WL 3556229 (Ky. Ct. App. May 19, 2023) (liability waivers) Text
Moore v. Stills, 307 S.W.3d 71 (Ky. 2010) (recreational use statute barred adverse possession claim) Text
Kentucky v. Looper, 294 S.W.3d 39 (Ky. Ct. App. 2009) (violation of state law preventing importation of Cervidae animal family) Text
Greater Harrodsburg/Mercer County Planning & Zoning Com’n v. Romero, 250 S.W.3d 355 (Ky. Ct. App. 2008) (Zoning – Bed & Breakfast) Text
Mason v. Berea Independent School Dist. Finance Corp., No. 2006-CA-002061-MR, 2007 WL 2998510 (Ky. Ct. App. Oct.12, 2007) (recreational use statute – protection of adjacent land owner) Text
Keogh v. Woodford County Bd. of Adjustments, 243 S.W.3d 369 (Ky. Ct. App. 2007) (zoning for bed and breakfast) Text
Baker v. McIntosh, 132 S.W.3d 230, (Ky. Ct. App. 2004) (animal liability) Text
Coursey v. Westvaco Corp., 790 S.W.2d 229 (Ky. 1990) (application of the recreational use statute) Text
LOUISIANA
Larson v. XYZ Ins. Co., 192 So.3d 181 (La. Ct. App. 2016) (holding that visitor of equestrian facility, who was bitten while feeding treats to a horse, was not a “participant” under the equine immunity statute) Text
Reid v. Sweetwater Campground, Ranch & Stables, No. 2010 CA 0502, 2010 WL 4273092 (La. Ct. App. Oct. 29, 2010) (tort immunity as a “farm animal activity sponsor”) Text
Everett v. State Farm & Cas. Ins. Co., 37 So.3d 456 (La. Ct. App. 2010) (injury sustained while riding horse by agritourist) Text
Everett v. State Farm Fire & Cas. Ins. Co., 37 So.3d 456, (La. Ct. App. 2010) (damages from horseback riding accident) Text
Luther v. Turner, 901 So.2d 1217 (La. Ct. App. 2005) (hunting lease) Text
LeBlanc v. Hayes, 827 So.2d 611 (La. Ct. App. 2002) (Recreational Use statutes) Text
Cooper v. Cooper, 786 So.2d 240 (La. Ct. App. 2001) (Recreational Use statutes) Text
Johnson v. City of Morgan City, 787 So. 2d 326 (La. Ct. App. 2000) (immunity under recreational use statutes) Text
Reed v. Employers Mut. Cas. Co., 741 So. 2d 1285 (La. Ct. App. 1999) (hunting club officer’s immunity under Recreational Use Statutes) Text
Florice v. Brown, 679 So. 2d 501 (La. Ct. App. 1996) (injuries in horseback riding accident) Text
Ward v. Hermitage Ins. Co., 671 So. 2d 1229 (La. Ct. App. 1996) (suit against hunting club) Text
Dear v. Crosby Chemicals, Inc., 670 So. 2d 775 (La. Ct. App. 1996) (landowner’s protection under recreational use statutes) Text
Matherne v. Cheramie, 664 So. 2d 130 (La. Ct. App. 1995) (immunity under recreational use statute) Text
Lewis v. State Farm Fire & Cas. Co., 654 So. 2d 883 (La. Ct. App. 1995) (action against fishing camp’s owner) Text
Johnson v. Lloyd’s of London, 653 So. 2d 226 (La. Ct. App. 1995) (hunting club was “owner” rather than user) Text
Dartez v. W. World Ins. Co., Inc., 569 So. 2d 1089 (La. Ct. App. 1990), writ denied sub nom., 572 So. 2d 96 (La. 1991) (action against hunting club) Text
MARYLAND
Pahanish v. W. Trails, Inc., 517 A.2d 1122 (Md. Ct. Spec. App. 1986) (negligence action against owner of riding stable) Text
MASSACHUSETTS
Wright v. Patriakeas, No. 298839, 2010 WL 3385565 (Mass. Land. Ct. Aug. 27, 2010) (pony-riding business was considered agricultural use and was thus exempted from obtaining special permit) Text
Town of Uxbridge ex rel. Girouard v. Vecchione, 21 Mass.L.Rptr. 307, (Mass. Super. Ct. 2006) (farm stands and zoning) Text
DiGiovanni v. Gulberg, 2005 WL 1593608 (Mass. Land Ct. July 7, 2005) (farm stands and zoning)
Volandre v. Opdyke, 2005 WL 2095727 (Mass. Land Ct. Aug. 31, 2005) (riding school and zoning)
Bateman v. Board of Appeals of Georgetown, 775 N.E.2d 1276 (Mass. App. Ct. 2002) (riding academy and zoning) Text
Powers v. Mukpo, 97-4891, 1999 WL 818062 (Mass. Super. Ct. Sept. 27, 1999) (personal injuries action by horseback rider) Text
Town of Natick v. Modern Cont’l Const., CIV.A. 96-03843-J, 1998 WL 517698 (Mass. Super. Ct. Mar. 27, 1998) (alleged violation of zoning requirements by operating a restaurant on farm premises) Text
MICHIGAN
Lapeer v. Otsego Cnty. Fair Ass’n, No. 352737, 2021 Mich. App. LEXIS 2847 (Ct. App. May 6, 2021) (application of Equine Activity Liability Act) Text
Hamade v. New Lawn Sod Farm, Inc., No. 357445, 2022 Mich. App. LEXIS 3566 (Ct. App. June 16, 2022) (premises liability for a pumpkin patch) Text
Nixon v. Webster Twp., 2020 Mich. App. LEXIS 438 (Mich. Ct. App. 2020) (zoning of wedding barns as “seasonal agri-tourism) Text
Village of Rothbury v. Double JJ Resort Ranch, Inc., 2004 WL 1837835 (Mich. Ct. App. 2004) (zoning) Text
Milan Twp. v. Jaworski, No. 2404442003, WL 22872141 (Mich. Ct. App. Dec. 4, 2003) (hunting preserve is a farming operation) Text
Ellsworth v. Highland Lakes Dev. Associates, 498 N.W.2d 5 (Mich. Ct. App. 1993) (landowner’s immunity under recreational land use statute) Text
Witbeck v. Bill Cody’s Ranch Inn, 411 N.W.2d 439 (Mich. 1987) (personal injury action against dude ranch) Text
MINNESOTA
Fredlund v. Eureka Tp. Bd. of Superiors, 2015 WL 1880218 (Minn. Ct. App. April 27, 2015) (holding that keeping exotic animals on a farm for fur farming does not violate an ordinance prohibiting township residents from keeping such animals) Text
Hanson v. N. J&B Enters., Inc., No. A08-0413, 2009 WL 234104 (Minn. Ct. App. Feb. 3, 2009) (waiver of liability with horse rental) Text
Lentz v. Zerebko, No. WC08-187, 2008 WL 5423934 (Minn. Workers’ Comp. Ct. App. Dec. 9, 2008) (death of petting zoo worker) Text
Razink v. Krutzig, 746 N.W.2d 644 (Minn. Ct. App. 2008) (recreational use statute) Text
Wickoren v. Ranch, C9-92-2528, 1993 WL 173862 (Minn. Ct. App. May 25, 1993) (horseback rider’s action against ranch)
Johnson Bros. Wholesale Liquor Co. v. Comm’r of Revenue, 402 N.W.2d 791 (Minn. 1987) (constitutionality of state wine excise tax) Text
MISSOURI
State ex rel. Young v. Wood, 254 S.W.3d 871 (Mo. 2008) (recreational use statute – hunting) Text
Foster v. St. Louis County, 239 S.W.3d 599 (Mo. 2007) (recreational use statute) Text
MONTANA
Buhmann v. Montana, 201 P.3d 70 (Mont. 2008) (takings claim; prohibition on fee shooting at alternative livestock game farms) Text
Kafka v. Mont. Dep’t of Fish, Wildlife, & Parks, 201 P.3d 8 (Mont. 2008) (takings claim; prohibition on game farms for fees to shoot alternative animals) Text
McDermott v. Carie, LLC, 124 P.3d 168 (Mont. 2005) (dude ranch and personal injury) Text
Weitz v. Montana Dep’t. of Natural Res. & Conservation, 943 P.2d 990 (Mont. 1997) (alleged violation of Recreational Use Act) Text
NEBRASKA
Cnty. of Sarpy v. City of Gretna, 960 N.W.2d 272 (Neb. 2021) (annexation of rural territory) Text
Dykes v. Scotts Bluff County Agr. Soc., Inc., 617 N.W.2d 817 (Neb. 2000) (holding that viewing livestock at county fair is not “recreational purpose”) Text
Brown v. Wilson, 567 N.W.2d 124 (Neb. 1997) (application of state recreation liability act) Text
Holden By & Through Holden v. Schwer, 495 N.W.2d 269 (Neb. 1993) (landowner’s protection under recreation liability act) Text
Kaiser v. W. R/C Flyers, Inc., 477 N.W.2d 557 (Neb. 1991) (nuisance action against model airplane club) Text
NEW HAMPSHIRE
Forster v. Town of Henniker, 118 A.3d 1016 (N.H. 2015) (holding that weddings and receptions were not an “accessory use” of Christmas tree farm, and thus were prohibited) Text
Carter v. Concord General Mut. Ins. Co., 924 A.2d 411 (N.H. 2007) (hayrides and personal injury) Text
Tausanovitch v. Town of Lyme, 722 A.2d 914 (N.H. 1998) (construction of bed and breakfast in rural zoning district) Text
Wright v. Loon Mountain Recreation Corp., 663 A.2d 1340 (N.H. 1995) (rider’s action for injuries against equestrian center) Text
NEW JERSEY
Hubner v. Spring Valley Equestrian Ctr., 1 A.3d 618 (N.J. 2010) (injuries sustained by customer of equestrian facility were cause by inherent risk) Text
Lackland and Lackland v. Readington Tp., 2005 WL 3074714 (N.J. Super. Ct. Law Div. Nov. 16, 2005) (agriculture zoning) Text
NEW YORK
Rivendell Winery, LLC v. Donovan, 74 A.D.3d 1594 (N.Y. App. Div. 2010) (winery did not fit under the definition of agriculture) Text
Morales v. Coram Materials Corp., 853 N.Y.S.2d 611 (N.Y. App. Div. 2 2008) (recreational use statute) Text
Finnocchiaro v. Napolitano, 52 A.D.3d 463 (N.Y. App. Div. 2 2008) (recreational use statute) Text
Twomey v. Rosenthal. 52 A.D.3d 693 (N.Y. App. Div. 2 2008) (recreational use) Text
Jones v. Lei-Ti Too, LLC, 846 N.Y.S.2d 826 (N.Y. App. Div. 4 2007) (recreational use statute) Text
Olson v. Brunner, 261 A.D.2d 922 (N.Y. App. Div. 1999) (wrongful death action against landowner by survivors of hunter) Text
Irish v. Deep Hollow Ltd., 251 A.D.2d 293 (N.Y. App. Div. 1998) (horseback rider’s action against ranch) Text
Filson v. Cold River Trail Rides Inc., 242 A.D.2d 775 (N.Y. App. Div. 1997) (action against wilderness horseback riding excursion) Text
Sauberan v. Ohl, 239 A.D.2d 891 (N.Y. App. Div. 1997) (action for injuries sustained in hunting accident) Text
Rzeczkowski v. Kowalczik, 237 A.D.2d 342 (N.Y. App. Div. 1997) (dispute over immunity under recreational use statute) Text
Elbert v. J.F.V. Enter. Co., 234 A.D.2d 413 (N.Y. App. Div. 1996) (denying horseback rider’s action to recover for personal injuries) Text
Gough by Rousseau v. County of Dutchess, 638 N.Y.S.2d 290 (N.Y. Sup. Ct. 1996) (duty to keep premises safe for hiking) Text
Town of Southampton v. Equus Associates, Ltd., 615 N.Y.S.2d 714 (N.Y. App. Div. 1994) (holding that raising, training and selling polo ponies constitutes “agricultural production”) Text
Morrelli v. Giordano, 206 A.D.2d 464 (N.Y. App. Div. 1994) (denying personal injury claim against owner of corral) Text
Reid by Reid v. Kawasaki Motors Corp., U.S.A., 189 A.D.2d 954 (N.Y. App. Div. 1993) (farm owner’s immunity) Text
Testani v. Northshore Equestrian Ctr., Inc., 595 N.Y.S.2d 653 (N.Y. Sup. Ct. 1992) (denying landowners protection under recreational use statute) Text
Town of Sullivan v. Strauss, 567 N.Y.S.2d 921 (N.Y. App. Div. 1991) (holding that commercial field hunting is not a permitted agricultural use) Text
DiMaria v. Coordinated Ranches, Inc., 138 A.D.2d 445 (N.Y. App. Div. 1988) (action for personal injuries against dude ranch) Text
Klump v. Bowman, 117 A.D.2d 857 (N.Y. App. Div. 1986) (personal injury action against owner of “pick your own” apple farm) Text
Morell v. Peekskill Ranch, Inc., 476 N.E.2d 645 (N.Y. 1985) (personal injury action against dude ranch) Text
NORTH CAROLINA
Clement v. Cumberland Cty., 269 N.C. App. 384 (N.C. Ct. App. 2020) (commercial ATV park does not qualify as agritourism) Text
Jeffries v. Cty. of Harnett, 259 N.C. App. 473 (N.C. Ct. App. 2018) (commercial shooting activities were not agritourism) Text
OHIO
The State Ex Rel. Shamro v. Delaware County Board of Elections, 2025-Ohio-941 (2025) (Land zoned for agriculture may also be used for agritourism) Text
Bainbridge Township Zoning Inspector v. Chagrin Valley Learning Collective, 2024-G-0221 (Ohio Ct. App. 2025) (Educational facility was not agritourism because it did not service general public) Text
Russell Township Board of Trustees v. 7722 Fairmount LLC., 2024 -Ohio-5871 (Ohio Ct. App. 2024) (zoning and residential use of a mother-in-law suite). Text
Miami Township Bd. of Trustees v. Powlette, 2023 WL 5319228 (Ohio Ct. App. 2023) (zoning and wedding venues)
Powlette v. Carlson, 197 N.E.3d 1 (Ohio Ct. App. 2022) (whether a bed and breakfast was classified as agritourism for zoning purposes) Text
Gainer v. Cavanaugh, 2021-Ohio-2173 (Ohio Ct. App.) (renovated barn for events was not exempt from safety regulations under R.C. 3781.06) Text
Powlette v. Bd. of Bldg. Appeals Dayton, 162 N.E. 3d 964 (Ohio Ct. App. 2020) (a barn with its primary purpose as hosting weddings was not subject to an agritourism exemption) Text
Lusardi v. Caesarscreek Twp. Bd. of Zoning Appeals, 2020 Ohio App. LEXIS 3288 (Ohio Ct. App. 2020) (finding that hayrides and corn mazes constituted agri-tourism but celebratory events did not) Text
Cornett v. Red Stone Group, Inc, 41 N.E.3d 155 (Ohio Ct. App. 2015) (holding that Plaintiff responsible for care of horses was an equine-activity participant and engaged in equine activity within meaning of immunity statute) Text
Graham v. Shamrock Stables, 19 N.E.3d 578. (Ohio Ct. App. 2014) (holding that pursuant too equine activities immunity statute, stable owner was not labile for damages for horse rider’s injuries) Text
Smith v. Landfair, 984 N.E.2d 1016 (Ohio 2012) (holding that stable owner’s daughter, voluntarily standing in a location where equine activities were taking place, was a spectator under equine activities immunity statute) Text
Terry v. Sperry, No. 08-MA-227, 2010 WL 1178065 (Ohio Ct. App. Mar. 23, 2010) (winery not exempt from zoning regulations) Text
Brennan v. Schappacher, No. CA2008-09-231, 2009 WL 501639, 2009 -Ohio- 927 (Ohio Ct. App. Mar. 2, 2009) (injuries sustained during hayride; assumption of risk; negligent assumption of risk) Text
Merino v. Salem Hunting Club, No. 07 CO 16, 2008 WL 5124549 (Ohio Ct. App. Dec. 4, 2008) (damages from hunting club) Text
Kayatin v. Petro, 2007 WL 209988 (Ohio Ct. App. Jan. 29, 2007) (nature trails) Text
Burya v. Lake Metroparks Bd. of Park Comm’rs, 2006 WL 2798294 (Ohio Ct. App. Sept. 29, 2006) (hayrides and personal injury) Text
Konesky v. Wood Cty. Agricultural Soc., 844 N.E.2d 408 (Ohio Ct. App. 2005) (assumption of risk) Text
McGuire v. Jewett, 2005-Ohio-4214, 2005 WL 1940368 (Ohio Ct. App. Aug. 12, 2005) (horse-drawn buggy rides and personal injury) Text
Swartzentruber v. Wee-K Corp., 690 N.E.2d 941 (Ohio Ct. App. 1997) (horseback rider’s action for injuries against stable) Text
Columbia Twp. Bd. of Zoning Appeals v. Otis, 663 N.E.2d 377 (Ohio Ct. App. 1995) (haunted hayrides is not an agricultural use of land) Text
Tanker v. N. Crest Equestrian Ctr., 621 N.E.2d 589 (Ohio Ct. App. 1993) (“release” agreement and liability for horseback rider’s injuries) Text
OREGON
Fazio v. Multnomah County Assessor, TC-MD 230346N (Or. Tax, 2025) (a former farm is subject to taxes for a landfill, not farmland) Text
Houston Vineyards, Inc. v. Department of Revenue, TC-MD 220486G (Or. Tax, 2025) (a mixed-use parcel [vineyard/residence] operated without expectation for profit is not subject business tax exemptions) Text
Kupillas v. Sage and Social LLC, 337 Ore. App 67 (Or. Ct. App. 2024) (Structures on forest land are entitled to the same recreational-use benefits as structures on agricultural land) Text
Friends of Yamhill Cty. v. Yamhill Cty. 529 P.3d 1007 (Or. Ct. App. 2023) (bed and breakfast on land zoned as farm use only) Text
Friends of Yamhill Cty. v. Yamhill Cty., 301 Ore. App. 726 (Or. Ct. App. 2020) (permit to conduct beer-tasting events on land zoned exclusively for farm use) Text
Greenfield v. Multnomah County, 259 Ore. App. 687 (Or. Ct. App. 2013) (authorized farm stand use extended to outdoor farm-to-plate dinners) Text
Lakeview Farms v. Wash. County Assessor, 2011 Ore. Tax LEXIS 368 (Or. T.C. 2011) (equipment tax exemptions) Text
Coleman v. Or. Parks & Recreation Dep’t ex rel. Oregon, 217 P.3d 651 (Or. 2009) (recreational use statute) Text
Utsey v. Coos County, 32 P.3d 933 (Or. Ct. App. 2001) (Recreational Use statutes and zoning) Text
Craven v. Jackson County, 779 P.2d 1011 (Or. 1989) (winery activity in exclusive farm use zone) Text
PENNSYLVANIA
Soland v. Zoning Hearing Board of East Bradford Twp., 2024 WL 675968 (Pa. Commw. Ct. 2024) (zoning ordinances) Text
Geiselman v. Hellam Twp. Bd. of Supervisors, 266 A.3d 1212 (Pa. Commw. Ct. 2021) (conditional use approval for a winery) Text
Miller v. Agric. Land Pres. Bd., No. 2275 of 2020, 2021 Pa. Dist. & Cnty. Dec. LEXIS 424 (C.P. Feb. 16, 2021) (application of Agricultural Area Security Law)
Ligonier Township v. Nied, 161 A.3d 1039 (Pa. 2017) (holding that the trial court did not abuse its discretion in finding property owners in contempt based on their violations of consent order settling zoning dispute) Text
Schaal v. Unemployment Compensation Bd. of Review, 870 A.2d 952 (Pa. Commw. Ct. 2005) (agricultural labor and unemployment) Text
Middletown Tp. v. Lands of Stone, 882 A.2d 1066 (Pa. Commw. Ct. 2005) (Open Spaces Land Act and eminent domain) Text
Header v. Schuylkill County Zoning Hearing Bd., 841 A.2d 641 (Pa. Commw. Ct. 2004) (agricultural zoning and water) Text
Huff v. Exeter Tp., 2004 WL 3199568 (Pa. Ct. Com. Pl. Nov. 17, 2004) (recreational zoning)
Wing Pointe Corp. v. Pennsylvania Liquor Control Bd., 2002 WL 31899890 (Pa. Ct. Com. Pl. Feb. 26, 2002) (liquor licenses and resorts)
Hydrusko v. County of Monroe, 699 A.2d 828 (Pa. Commw. Ct. 1997) (revocation of preferential status of land due to bed and breakfast inn)
In re Appeal of Gunser, 22 Pa. D. & C.4th 193 (Pa. Com. Pl. 1994), aff’d sub nom., Bd. of Sup’rs of Upper Makefield v. Gunser, 677 A.2d 905 (Pa. Commw. Ct. 1996) (holding that prohibition of entertainment on haunted hayrides farm was improper) Text
SOUTH CAROLINA
AJG Holdings, LLC v. Dunn, 674 S.E.2d 505 (S.C. Ct. App. 2009) (restrictive covenants that did not allow running of bed and breakfast) Text
SOUTH DAKOTA
Nielson v. AT&T Corp., 597 N.W.2d 434 (S.D. 1999) (state law granted immunity for claims arising under equine activities only to people involved in equine activities) Text
Reis v. Miller, 550 N.W.2d 78 (S.D. 1996) (challenging the constitutionality of statute allowing hunting, fishing and trapping on easements) Text
TENNESSEE
Jefferson Cnty. v. Wilmoth Family Props., LLC, No. E2019-02283-COA-R3-CV, 2021 Tenn. App. LEXIS 37 (Ct. App. Feb. 1, 2021) (zoning ordinance could not be applied to commercial wedding venue) Text
Keith v. Maury County. Board of Zoning Appeals, 2019 WL 3946171 (Tenn. Ct. App. Nov. 6, 2018) (holding that landowners were protected by the Tennessee agritourism statute to host off-road events on their property) Text
Green v. St. George’s Episcopal Church, 2018 WL. 6015982 (Tenn. Ct. App. Dec. 5, 2017) (holding that nothing in the Tennessee agritourism statute precludes the allocation of fault to a nonparty agritourism professional in a negligence action) Text
Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405 (Tenn. 2013) (holding that amplified outdoor music concerts were not connected to production of farm products or nursery) Text
Smith v. Phillips, No. M2009-00104-COA-R3-CV, 2010 WL 1221436 (Tenn. Ct. App. Mar. 29, 2010) (horse owner not entitled to immunity under equine activities law)
Hannan v. Alltel Publ’g Co., 270 S.W.3d 1 (Tenn. 2008) (failure to print telephone ad for bed and breakfast) Text
Mathews v. State, 2005 WL 3479318 (Tenn. Ct. App. Dec. 19, 2005) (limited liability and recreational use statutes)
Friedli v. Kerr, 2001 WL 177184 (Tenn. Ct. App. Feb. 23, 2001) (limiting liability by statute for equine related injuries)
TEXAS
Waak v. Rodriguez, 603 S.W.3d 103 (Tex. 2020) (holding that hired ranch hand was not a “participant” in farm animal activity as contemplated by the Fam Animal Activities Act) Text
Young v. McKim, 373 S.W.3d 776. (Tex. App. 2012) (holding that horse owner’s failure to inform caretaker that horse was a rescue horse was not willful or wanton disregard for caretaker’s safety) Text
Lee v. Loftin, 277 S.W.3d 519 (Tex. App. 2009) (equine activities statute) Text
Kirwan v. City of Waco, 249 S.W.3d 544 (Tex. App. 2008) (recreational use statute) Text
Little v. Needham, 236 S.W.3d 328 (Tex. 2007) (holding that horseback rider’s injuries arose from dangers inherent to equine activity, precluding action against stable owners) Text
Gamble v. Peyton, 182 S.W.3d 1 (Tex. App. 2005) (holding that horse’s violent reaction too being stung by fire ants inside an outdoor riding pen was an inherent risk of horseback riding) Text
Guadalupe-Blanco River Authority v. Pitonyak, 84 S.W.3d 326 (Tex. App. 2002) (Recreational Use statutes and navigable waters) Text
McMillan v. Parker, 910 S.W.2d 616 (Tex. App. 1995) (state recreational use statute does not apply to social guest) Text
UTAH
Penunuri v. Sundance Partners, Ltd., 257 P.3d 1049 (Utah 2011) (holding that Utah’s Equine statute did not bar pre-injury releases) Text
Perrine v. Kennecott Min. Corp., 911 P.2d 1290 (Utah 1996) (denying protection to landlord; defining “public”) Text
VERMONT
Follo v. Florindo, 970 A.2d 1230 (Vt. 2009) (fraud and violations of consumer fraud act related to sale of bed and breakfast) Text
In re Scheiber, 724 A.2d 475 (Vt. 1998) (shooting range on residential and agricultural district property) Text
VIRGINIA
Heublein, Inc. v. Dep’t of Alcoholic Beverage Control of Com. of Va., 376 S.E.2d 77 (Va. 1989) (exemption of in-state farm wineries violated commerce clause) Text
WASHINGTON
King Cty. v. Friends of Sammamish Valley, 530 P.3d 1023 (Wash. Ct. App. 2023) (land use ordinance and wineries/breweries/distilleries) Text
English Farm LLC v. City of Vancouver, 26 Wash. App. 2d 1031 (2023) (zoning and wineries) Text
King Cty. v. Friends of Sammamish Valley, 525 P.3d 214 (Wash. Ct. App. 2023) (land use ordinance and wineries/breweries/distilleries) Text
Bayne v. Carleton Farm, Inc., 25 Wash. App. 2d 1042 (2023) (farm play area and negligence) Text
WEST VIRGINIA
Settimi v. Irby, No. 21-0046, 2022 W. Va. LEXIS 135 (Feb. 1, 2022) (if property qualifies for farm use valuation for ad valorem property tax purposes) Text
WISCONSIN
Helen v. Hellen, 831. N.W.2d 430 (Wis. Ct. App. 2013) (holding that daughter in law provided to mother-in-law under exception to equine immunity, that the horse stepped on her foot) Text
Meyer v. Town of Milton, 268 Wis.2d 844 (Wis. Ct. App. 2003) (Agritourism and zoning)
Doane v. Helenville Mut. Ins. Co., 575 N.W.2d 734 (Wis. Ct. App. 1998) (portable ice fishing shanty is not “property” for purposes of recreational immunity law) Text
Johnson v. Nat’l Fire Ins. Co. of Hartford, 562 N.W.2d 927 (Wis. Ct. App. 1997) (defining “owner” under recreational immunity law)
Slough Creek Properties v. Columbia County, 552 N.W.2d 897 (Wis. Ct. App. 1996) (violation of zoning ordinance by keeping camper trailers and motor home on property zoned as agricultural)
Sievert v. Am. Family Mut. Ins. Co., 528 N.W.2d 413 (Wis. 1995) (walking on dock to greet neighbor is not “recreational activity”) Text
County of Adams v. Romeo, 510 N.W.2d 693 (Wis. Ct. App. 1993), aff’d in part and rev’d in part, 528 N.W.2d 418 (Wis. 1995) (“fish-for-a-fee” business is not “agricultural” use of property) Text
Lee v. Elk Rod & Gun Club, Inc., 473 N.W.2d 581 (Wis. Ct. App. 1991) (personal injury action against hunting and fishing club) Text
Hall v. Turtle Lake Lions Club, 431 N.W.2d 696 (Wis. Ct. App. 1988) (injuries sustained during agricultural fair; definition of “owner”) Text
WYOMING
Lozier v. Blattland Investments, LLC, 100 P.3d 380 (Wyo. 2004) (sale of land while retaining fishing rights) Text
Rehnberg v. Hirshberg, 64 P.3d 115 (Wyo. 2003) (sale of land while retaining fishing rights) Text
Markstein v. Countryside I, L.L.C, 77 P.3d 389 (Wyo. 2003) (sale of land while retaining fishing rights) Text
Halpern v. Wheeldon, 890 P.2d 562 (Wyo. 1995) (liability under recreation safety act) Text