Update on the Neighbors’ Lawsuit: A Big Step Forward for Vernon Family Farm and the Town of Newfields

Written By Laura Fox

As many of you know, Vernon Family Farm has been fighting for our right to farm and build community. We’ve faced an ongoing lawsuit from three of our abutters—Ruth Patterson & Gerald Cox, Scott Waschmouth, and Lynn & Mark Girard—challenging our ability to operate as a thriving, community-centered farm.

What exactly has been going on?

The neighbors’ lawsuit had four main accusations against us personally, against our catering company, and against Vernon Family Farm as a whole. They claimed:

  • We had been illegally operating a “commercial kitchen/restaurant/bar/event venue” since 2014.

  • This was illegal because such uses are not allowed in the zoning district where the farm is located.

  • Our activities created a nuisance (noise, traffic, police presence, crowds, and trespassing).

  • Our activities decreased their property values, forced them to pay legal fees, and they are seeking money damages from us.

They also sued the Town of Newfields, accusing it of knowingly allowing us to operate in violation of zoning laws and in violation of the conservation easement.

How did we respond?

When a defendant is sued, there are two options:

  • File an "Answer" responding to every point, or

  • File a Motion to Dismiss, arguing that the lawsuit should be thrown out at the start because it doesn’t make valid claims under New Hampshire law.

Both we (the Vernons) and the Town of Newfields filed motions to dismiss. We argued that:

  • The Town correctly approved our 2022 site plan.

  • We operate lawfully as an agritourism farm, which is agriculture under New Hampshire law.

  • The neighbors were far too late to challenge the 2022 site plan approval; they had a 30-day appeal window and did not use it.

The Court’s Decision:

It’s a big win:
✅ The Town completely won. It is officially out of the case.
✅ We almost completely won. Most of the neighbors’ claims against us were dismissed.
✅ Agritourism activities are protected. As the Court wrote:

“The Court does not have jurisdiction to enjoin Vernon Defendants from their agritourism uses of the Property.”

This confirms that our farm can continue to operate as the welcoming, community-centered space it was meant to be.

What remains?

The only small piece left is the neighbors’ claim of nuisance related to noise.

Their original nuisance complaint included noise, traffic, food and alcohol service, lights, and police presence, and more. But the Court ruled that all of these except noise were addressed and approved in our 2022 site plan. Since the neighbors didn’t appeal that plan, they cannot now challenge those activities.

A Personal Reflection from Nicole & Jeremiah:

When we finally got the news from the Court, we sat down together and read it. We didn’t jump up and celebrate. Instead, we felt numb. You might expect relief, but after years of conflict and tension, it felt more like quiet exhaustion than victory.

This has been one of the most difficult chapters of our lives. It comes on the heels of years of regulatory scrutiny and pushback from the Town of Newfields boards, spurred by these neighbors. We’ve been repeatedly called to justify our work, questioned about our stewardship of the land, and made to feel like outsiders in our own community. We have been challenged by individuals who do not know nor understand what agriculture is or what it looks like in our state. Many of those who have challenged our work have never even been to our farm.

The constant legal and emotional stress has taken a deep toll on us as farmers, as a couple, and as a family. It has tested our resilience in ways we never imagined when we started out, with a simple dream to raise animals, grow good food, and build a community-centered farm.

It also profoundly impacted our personal lives. I (Nicole) made the incredibly hard decision to take a leave of absence from teaching, a career I loved, to help protect my mental health and support our family and the farm through these struggles. That leave eventually became a resignation. The weight of fighting for our right to farm, while caring for our children and holding onto our identity as a family and as community leaders, has been immense.

Amy, our lawyer, shared an analogy that perfectly captures what this moment feels like:

“It’s like baseball…you won the game by one point. You didn’t hit any home runs, and you’re not going to the World Series.”

We “won,” and we are so grateful that the Court saw the truth and protected our farm’s mission. But a regulatory win feels different—it’s not a joyful celebration; it’s a deep, weary exhale. It doesn’t erase the incredible financial burden this fight has placed on our family and businesses, nor does it undo the mental and emotional damage of constantly being under attack by neighbors determined to disrupt our stewardship of the land.

Looking Forward…

We still have to address the remaining noise claim, but this court decision is an important step forward. It means that almost everything the neighbors tried to stop us from doing is no longer in question.

It is so important for our community to understand that while this decision is a strong and encouraging step forward, it is by no means final. This is not the end of the legal process. The neighbors still have legal avenues available to them, including the possibility of appealing this decision or pursuing other tactics to try to disrupt our operations. 

Additionally, this court lawsuit is not the only attack the neighbors are making on us. This same group of neighbors have had their attorneys start an investigation at the state Attorney General's Office about whether our agritourism violates the conservation easement. And one of the neighbors, Scott Wachsmuth, has filed his own lawsuit in court against the Newfields Zoning Board of Adjustment to take away permission for us to have our farm sign on our farm store. We have had to join that lawsuit to defend our right to have the sign.

Every new legal twist brings new costs, more time away from farming, and more emotional strain. We must stay vigilant and continue to prepare ourselves for what could be a long and unpredictable road ahead.

We want to be transparent: there are many possible outcomes still ahead, and all of them continue to carry significant financial and emotional burdens. While we celebrate each legal victory along the way, each step requires resources and strength. Your support—whether by visiting the farm, attending events, shopping in our store, or simply sharing words of encouragement—makes an enormous difference as we navigate this ongoing journey.

We are deeply thankful to all of you—our customers, friends, and supporters—for believing in us and standing with us through this storm. Your unwavering support has kept us going on the hardest days.

We will continue to care for our animals and land, grow good food, create meaningful community experiences, and build a farm that invites people to slow down, connect, and celebrate what truly matters. Thank you for helping us stay farm strong. Please consider the following ideas and ways to support VFF and just like we took stressful days (like April 2 and April 17, the date of our hearing) and turned them into strong calls to shop the farm store, we hope you will join us this week: WED-SUNDAY 9am-6pm to shop all things local at the farm store! 

How You Can Help Keep Vernon Family Farm Strong!

✅ Pick up a SAVE THE FARM sign (free in our farm store!)
Display it proudly in your yard or by the road to show our community’s visible, united support for local agriculture and family farms. A special thanks to a special neighbor who continues to print these signs for our community. Of course, you don’t have to be a Newfields resident for this sign! Spread the message loudly and clearly throughout the Seacoast and beyond. 

✅ Contribute to our GoFundMe campaign
If you’re able, your donation will help cover ongoing legal costs and protect the land, animals, and programs that make Vernon Family Farm so special.

✅ Shop at our farm store this summer
Every purchase matters. Consider taking advantage of bulk purchasing options online— these help us move products quickly and support essential farm cash flow.

✅ Purchase tickets to our agritourism events
Make a plan to enjoy music, food, and community on the farm this summer. Your participation directly supports our mission and keeps our farm community vibrant.

✅ Pre-order a canvas bag or our new insulated tote bag
Carry your local goodies in style and share your farm pride wherever you go!

Thank you for standing with us and helping us stay farm strong. Together, we can protect this land and keep our farm thriving for generations to come. We are so grateful! 

With love,

The Vernon Family, Nicole, Jeremiah, Magnolia, Indigo and Pingree

This case is not just about us—it’s about ensuring that small, local farms in NH are protected from unjust legal challenges.

We are hopeful, resilient, and ready to keep pushing forward, knowing we have this incredible community standing with us. Thank you, always, for being part of our farm family.

We appreciate all of you taking the time to continue to learn about what’s going on and supporting our farm. We couldn’t do it without you.

Laura Fox https://www.mainefoxmarketing.com
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FIGHTING FOR OUR RIGHT TO FARM IN NH