Case Law Index Agritourism

January 1, 1985 – February 6, 2023

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, 2010 WL 2301145 (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, 2010 WL 2869763 (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)

DeShields v. International Resort Properties, Ltd., 463 Fed. Appx. 117 (2012).

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)

FOURTH CIRCUIT

Alive Church of the Nazarene, Inc. v. Prince William Cnty., No. 21-2392 (4th Cir. Jan. 31, 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)

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)

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 land owner) 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) Text

Dilley v. Holiday Acres Properties, Inc., 905 F.3d 508 (2018) 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

Johnson v. American Leather Specialties Corp., 578 F.Supp.2d 1154 (2008) Text

Greika v. U.S., 281 Fed. Appx. 631, 2008 WL 2388897 (8th Cir. June 13, 2008) (recreational use statute)

NINTH CIRCUIT

FFV Coyote LLC v. City of San Jose, No. 22-cv-00837-VKD, 2022 U.S. Dist. LEXIS 195036 (N.D. Cal. Oct. 26, 2022) (eminent domain of agricultural tourism location) Text

Nemee v. County of Calaveras, 2012 U.S. Dist. LEXIS 20373 (E.D. Cal. 2012) (golf course) Text

Ellwood v. United States, No. 07-6225-TC, 2009 WL 3125480 (D. Or. Sept. 25, 2009) (recreational use statute)

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

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

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

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

TAX COURT

Lakeview Farms v. Wash. County Assessor, 2011 Ore. Tax LEXIS 368 (Or. T.C. 2011) (equipment tax exemptions) Text

Baldwin v. C.I.R. 2002 WL 1377741 (T.C. 2002) (taxation for summer camp)

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, — So.3d —-, 2010 WL 2465468 (Ala. Civ. App. 2010) (dissolution of a partnership operating a pumpkin patch)

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, 2014 Ark. 156 (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)

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)

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

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

Hills v. Middletown Zoning. Bd. of Appeals, 2010 WL 625807 (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).

Reilly v. Leasure, No. FSTCV085009675S, 2010 WL 4611891 (Conn. Oct. 22, 2010) (negligence action after horse kick)

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. 2006) (golf courses and Agritourism)

Zanette v. Planning & Zoning Bd. of Appeals, 2006 WL 3316770 (Conn. Super. Ct. 2006) (farm stands and zoning)

Abrams v. Jones, 2005 WL 1331232 (Conn. Super. Ct. 2005) (liability for apple cider)

Messina v. Fifty Acres, LLC, 2004 WL 945058 (Conn. Super. Ct. 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

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 (holding that immunity from Recreational Use statute applied to scuba instructor’s negligence claim against hotel).

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)

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

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

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, (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, 2010 WL 1170202 (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 that 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)

Town of Uxbridge ex rel. Girouard v. Vecchione, 21 Mass.L.Rptr. 307, (Mass. Super. Ct. 2006) (farm stands and zoning)

DiGiovanni v. Gulberg, 2005 WL 1593608 (Mass. Land Ct. 2005) (farm stands and zoning)

Volandre v. Opdyke, 2005 WL 2095727 (Mass. Land Ct. 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)

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)

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)

Milan Twp. v. Jaworski, No. 2404442003, WL 22872141 (Mich. Ct. App. Dec. 4, 2003) (hunting preserve is a farming operation)

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 (holding that keeping exotic animals on a farm for fur farming dos not violate an ordinance prohibiting township residents from keeping such animals).

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)

Lentz v. Zerebko, No. WC08-187, 2008 WL 5423934 (Minn. Workers’ Comp. Ct. App. Dec. 9, 2008) (death of petting zoo worker)

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. June 10, 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, 309 Neb. 320, 960 N.W.2d 272 (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. 2005) (agriculture zoning)

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 June 03, 2008) (recreational use statute) Text

Twomey v. Rosenthal. 52 A.D.3d 693 (N.Y. App. Div. 2 June 17, 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

Jeffries v. Cty. of Harnett, 259 N.C. App. 473 (N.C. Ct. App. 2018) (commercial shooting activities were not agritourism) Text

OHIO

Powlette v. Carlson, 197 N.E.3d 1 (Ct. Appp. 2022) (whether a bed and breakfast was classified as agritourism for zoning purposes) Text

Gainer v. Cavanaugh, 2021-Ohio-2173 (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).

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. 2007) (nature trails) Text

Burya v. Lake Metroparks Bd. of Park Comm’rs, 2006 WL 2798294 (Ohio Ct. App. 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. 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

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. Mutnomah County, 259 Ore. App. 687 (Or. Ct. App. 2013) (authorized farm stand use extended to outdoor farm-to-plate dinners) 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

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. 2004) (recreational zoning)

Wing Pointe Corp. v. Pennsylvania Liquor Control Bd., 2002 WL 31899890 (Pa. Ct. Com. Pl. 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 (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 (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. 2005) (limited liability and recreational use statutes)

Friedli v. Kerr, 2001 WL 177184 (Tenn. Ct. App. 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

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