Bainbridge Trustees Break Silence on Kelly’s Farm Appeal
Bainbridge Township Trustees shed some light Oct. 9 on their decision to appeal Geauga County Common Pleas Judge Carolyn Paschke’s ruling on Kelly’s Working Well Farm and the Chagrin Valley Learning Collective.
Bainbridge Township Trustees shed some light Oct. 9 on their decision to appeal Geauga County Common Pleas Judge Carolyn Paschke’s ruling on Kelly’s Working Well Farm and the Chagrin Valley Learning Collective.
During the meeting, the trustees released a statement regarding their concerns about the case under the advisement of legal counsel.
“It’s clear and you will understand where we’re coming from and why we need to appeal this for the safety of our residents and for the zoning issue,” Trustee Kristina O’Brien said.
Paschke had ruled in favor of the farm and collective on Aug. 24 after a years-long battle with Bainbridge Township officials.
Both entities were last in court for a bench trial Feb. 7 over a legal dispute with Bainbridge Township regarding the agritourist character of their businesses.
Paschke said the immersive farm programs held on the farm property constituted “agritourism” under Ohio law, and that such programming is protected by Ohio’s agritourism statute, as well as the court’s previous directives, according to a press release.
On Sept. 11, a group of farm supporters attended the Bainbridge trustees meeting, sharing stories and information to help them make the best decision for the township, and were surprised by their choice to appeal the judge’s decision.
“We authorized an appeal of the decision in civil contempt proceedings in this case brought by the township against the property owners of Kelly’s Working Well Farm and a learning Co-op, operating at the site,” the trustees said in their statement. “The trial court determined that the property owners and learning co-op did not comply with a consent agreement with the township because they had violated 10-foot distance restrictions with respect to the structures containing fire hazards on the property. The decision, however, also determined that the summer camps and learning co-op, with students from ages 5 through 18, were allowed to operate as agritourism at this small Bainbridge farm.”
Kelly Clark and her husband, William Roe, owners of the farm at 16519 S. Franklin St., have been embroiled in numerous disputes with the township over the past few years, which have included fire code violations.
They purchased their 6-acre parcel of land in Bainbridge in July of 2012 and have since filed to incorporate the farm as an Ohio nonprofit established for agricultural education purposes.
“Prior to this litigation in 2020, the Bainbridge Township Board of Zoning Appeals determined that the property owners of Kelly’s Working Well Farm would have to obtain a use variance in order to operate a school and camp at the site. The board also determined that the school and associated camps operating at the site were not agritourism events,” the trustees said in their statement.
The township and Bainbridge Fire Department have tried to work with the farm and agreed to enter into a consent agreement in 2022, they said, adding all the structures at Kelly’s Working Well Farm were constructed without approvals or permits from public entities, including the Geauga County Building Department and the Bainbridge fire and zoning departments, which resulted in a fire citation against the farm in 2019.
“Considering the fire hazards in the buildings on the site, the agreement only allows agriculture use and agritourism events. These events can only be held on the grounds of the property, with strict compliance of the distance restrictions to structures at the site to ensure safety for all visitors,” the trustees said in their statement. “As trustees, we take enforcement of our zoning resolution and the Ohio fire code very seriously. The Bainbridge Township’s zoning resolution was enacted, in large part, in the interest of promoting public health, safety and welfare within our community.”
Trustee Jeff Markley added, “All future questions will be inferred. If a question comes up, we will say we have issued a public statement that the matter is in litigation and we can’t say anything more about it.”
