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Article published May 7, 2008 Strawberry Jam Festival cleared to move forward
By Joel Davis of The Daily Times Staff
Blount County Chancellor Telford Forgety is allowing local businessman Bob Schmidt to proceed with plans to hold the popular Strawberry Jam Festival at Maple Lane Farms later this month.
Forgety denied a request from Greenback resident Velda J. Shore to prohibit Schmidt from holding concerts at the farm, pending judgment in a lawsuit she filed in February.
“An injunction at this point in time would be in effect to take away from the owner a property use that is legal,” he said during a Tuesday hearing on the motion. Schmidt expressed satisfaction in the outcome of the hearing.
“This is the second hurdle,” he said. “We’re elated we passed this one.”
According to Schmidt, the 2008 Strawberry Jam Festival will be held May 16-17. Musicians performing on Friday, May 16, will include the Little Big Band and Boys Night Out. Admission that night will be free. On Saturday, May 17, the line-up includes local performer Laurel Wright, Raymond Fairchild, Dan Paisley and Blue Highway. Admission will cost $10 for ages 12 and up.
Forgety’s decision only affect’s Shore’s request for an injunction. Her lawsuit, asking the court to permanently prohibit “any other activity that is not agricultural at Maple Lane Farm,” will proceed.
“Today is not the day to prove her case on its merits,” Forgety said. “There will be a day for that.”
In the lawsuit, Shore claims the Maple Leaf Farms property is not zoned for any use outside agricultural, and that the “commercial and tourist activities” that have gone on there have “brought increased traffic, loud noise and congestion to a peaceful residential area that is neither designed for nor zoned for these commercial and tourist activities. Moreover, the increased volume of traffic and activity in the area has resulted in trash being littered along the streets of nearby subdivisions, including that of the plaintiff (Shore).”
“She has no problem with the farm,” her attorney, Michael Menefee, said. “We are not talking about agriculture. We are talking about concerts, about thousands of people ... It’s our position that just because you mix a little agriculture with a lot of entertainment, it does not make it a farm.”
Shore also alleges that if the Strawberry Jam Festival is allowed to go on, “her rights to quiet enjoyment of her real property will be violated ... and that she will suffer immediate irreparable injury, loss or damage pending a final judgment in this case.”
No trial date has been set for the lawsuit, which is still in the discovery phase. Schmidt has hosted events at the farm for nearly 10 years. A corn maze and pumpkin patch have been supplemented over the years with concerts during the fall and the Strawberry Jam Festival in the spring. The farm employs up to 50 people during the height of the haunted corn maze event in October.
Schmidt said the community has been very supportive during the past few months. “The family is very grateful for the outpouring of support from our neighbors and friends statewide,” he said. “Keep us in your thoughts.”
In January, the Board of Zoning Appeals voted to limit Schmidt to hosting only one concert per year after Shore complained about traffic and noise.
“Based on the Board of Zoning Appeals decision, they granted an appeal to Ms. Shore that would limit him to one concert per year,” Building Commissioner Roger Fields said. “That didn’t have anything to do with the Corn Maze. They were just addressing the concerts.”