Town of Lysander v. Hafner — 96 N.Y.2d 558

Majority

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[759 NE2d 356, 733 NYS2d 358]

Town of Lysander, Respondent, v Paul Hafner, Jr., et al., Appellants.

Argued September 6, 2001;

decided October 18, 2001

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POINTS OF COUNSEL

Scott F. Chatfield, Tully, for appellants.

I. The legislative intent of Agriculture and Markets Law article 25-AA, as well as the 1997 revisions to Agriculture and Markets Law § 301 (11) do not support the lower court’s conclusions. II. The lower court exceeded its authority when engaging in statutory construction of Agriculture and Markets Law § 301 (11). (Schrader v Carney, 180 AD2d 200 ; Sega v State of New York, 60 NY2d 183 , rearg denied sub nom. Cutway v State of New York, 61 NY2d 670 ; Riegert Apts. Corp. v Planning Bd., 57 NY2d 206 ; People v Graham, 55 NY2d 144 ; New Amsterdam Cas. Co. v Stecker, 3 NY2d 1 .) III. Local government’s power to regulate farm operations within a county approved, state certified agricultural district has been limited by the Legislature.

Coulter, Ventre, McCarthy & Twichell, L. L. P., Syracuse (P. David Twichell of counsel), for respondent.

I. Appellants’ acknowledged violation of the Lysander Zoning Law requires

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that the injunction be affirmed, whether or not Agriculture and Markets Law § 305-a (1) (a) applies. (Matter of Town of Butternuts v Davidsen, 259 AD2d 886 .) II. The courts below were correct in concluding that the term “farm operations” in Agriculture and Markets Law § 301 (11) no longer includes farm residential buildings. (Riley v County of Broome, 95 NY2d 455 ; New York State Bankers Assn. v Albright, 38 NY2d 430 ; Matter of Stein, 131 AD2d 68 ; Town of Beekman v Sherman, 213 AD2d 627 ; Matter of Dworman v New York State Div. of Hous. & Community Renewal, 94 NY2d 359 ; Matter of Killian [General Motors Corp., Delco Chassis Div. — Sweeney], 89 NY2d 748 ; Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451 .) III. Alternatively, even if Agriculture and Markets Law § 305-a (1) (a) applies, appellants have not shown that the Lysander Zoning Law unreasonably restricts or unreasonably regulates farm operations. (Zuckerman v City of New York, 49 NY2d 557 .) IV. Alternatively, even if Agriculture and Markets Law § 305-a (1) (a) applies, the minimum floor area requirement is a valid exercise of the Town’s zoning authority which is not precluded by Agriculture and Markets Law § 305-a (1) (a). (Village of Euclid v Ambler Realty Co., 272 US 365 ; Matter of Diocese of Rochester v Planning Bd., 1 NY2d 508 ; Town of Pompey v Parker, 53 AD2d 125 ; Matter of Village Bd. of Trustees v Zoning Bd. of Appeals, 164 AD2d 24 ; Matter of Stevens v Smolka, 11 AD2d 896 ; Osetek v Barone, 60 Misc 2d 980 ; Corning v Town of Ontario, 204 Misc 38 ; Matter of Town of Bedford v Village of Mount Kisco, 33 NY2d 178 ; Shepard v Village of Skaneateles, 300 NY 115 .) V. Alternatively, there are potential public health, safety and other factors precluding a grant of summary judgment to appellants. VI. The record and law show that public health and safety is threatened. (Corning v Town of Ontario, 204 Misc 38 .)

Joan A. Kehoe, Albany, John F. Rusnica and Larry A. Swartz for Commissioner of Agriculture and Markets, amicus curiae.

I. The protections afforded by Agriculture and Markets Law § 305-a to farm workers housing were not removed nor diminished by the 1997 amendment of the definition of “farm operation” in Agriculture and Markets Law § 301 (11). (Matter of Albano v Kirby, 36 NY2d 526 ; Matter of Erie County Agric. Socy. v Cluchey, 40 NY2d 194 ; Finger Lakes Racing Assn. v New York State Racing & Wagering Bd., 45 NY2d 471 ; Town of Beekman v Sherman, 213 AD2d 627 ; Matter of Alfie’s Fish & Chips v Zoning Bd. of Appeals, 36 AD2d 664 ; Matter of Grand Jury Subpoena Duces Tecum [Museum of Modern Art], 93 NY2d

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729 ; Matter of Howard v Wyman, 28 NY2d 434 ; Matter of Eastern Milk Producers Coop. Assn. v State of New York Dept. of Agric. & Mkts., 58 NY2d 1097 .) II. Evidence in the record of the Commissioner’s conclusion that the Town’s prohibition of the use of mobile homes for farm labor housing unreasonably restricted the Hafners’ farm operation, with no evidence to the contrary, precluded the grant of summary judgment in favor of the Town pursuant to CPLR 3212 (b). (Zuckerman v City of New York, 49 NY2d 557 .)

Elizabeth Corron Dribusch, Glenmont, for New York Farm Bureau, Inc., amicus curiae.

The term “farm operation” as defined in section 301 (11) of the Agricultural Districts Law should be construed to include mobile homes for farm labor housing because the plain language of the statute and the legislative intent underlying the enactment of the Agricultural Districts Law clearly support such an interpretation. (Doctors Council v New York City Employees’ Retirement Sys., 71 NY2d 669 ; Matter of Washington Post Co. v New York State Ins. Dept., 61 NY2d 557 ; Metropolitan Life Ins. Co. v Durkin, 276 App Div 394 , 301 NY 376 ; Patrolmen’s Benevolent Assn. v City of New York, 41 NY2d 205 ; Rankin v Shanker, 23 NY2d 111 .)

OPINION OF THE COURT

Defendants own and operate a commercial farm in the Town of Lysander, in an “agricultural district” created pursuant to Agriculture and Markets Law § 303. This case arises from defendants’ attempt in 1999 to install several single-wide mobile homes for housing migrant workers on the farm. The mobile homes do not comply with a Town zoning ordinance that “all one-story single family dwellings” have a minimum living area of 1,100 square feet (Town Zoning Code § 139-56 [A]).

The central issue before us is whether the zoning ordinance, as applied to defendants’ installation of mobile homes to house migrant farm workers, is superseded by Agriculture and Markets Law § 305-a (1) (a). That statute provides:

“1. Policy of local governments, a. Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy

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and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened” (emphasis supplied).

The statute defines “[f]arm operation [s]” as “the land and on-farm buildings, equipment and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise” (Agriculture and Markets Law § 301 [11]).

In 1998, the Town initially granted defendants a temporary building permit for two mobile homes, but refused to extend the permit in 1999 and disapproved defendants’ permit application to site additional mobile homes on the farm, relying solely on Town Zoning Code § 139-56 (A). The Town then commenced this action for an injunction precluding defendants from using the mobile homes to house migrant workers and directing removal of the structures unless defendants obtained the necessary building permits.

Defendants alleged, as an affirmative defense, that the zoning ordinance unreasonably restricted farm operations within the meaning of Agriculture and Markets Law § 305-a (1) (a) and that the Town failed to show that its restriction on mobile homes was necessary to protect the public health or safety. They also sought, in a counterclaim, an order directing the Town to issue building permits and certificates of occupancy for the mobile homes. Thereafter, defendants moved for summary judgment dismissing the complaint. In support of their motion, they submitted a letter addressed to the Town from the Department of Agriculture and Markets, which stated that the “Department has consistently viewed mobile homes used for farmworker residences as protected ‘on-farm buildings’ ” and that it viewed application of the Town’s zoning code in defendants’ case as an unreasonable restriction on farm operations.

Supreme Court denied defendants’ motion for summary judgment and granted summary judgment to the Town, permanently enjoining defendants from using mobile homes without building permits and certificates of occupancy. The court reasoned that Agriculture and Markets Law § 305-a (1) (a) did not “create an exemption from local zoning authorities or ordinances for all ‘farm operations’ ” and, specifically, that the statute did not provide any protection to “farm residential build

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ings,” including mobile homes. The Appellate Division affirmed for “reasons stated” at Supreme Court ( 277 AD2d 1055 ). We granted leave to appeal and now reverse.

The Legislature enacted article 25-AA of the Agriculture and Markets Law in 1971 for the stated purposes of protecting, conserving and encouraging “the development and improvement of [this State’s] agricultural lands” (L 1971, ch 479, § 1). At that time and again in 1987 (L 1987, ch 774, § 1), the Legislature specifically found that “many of the agricultural lands in New York state are in jeopardy of being lost for any agricultural purposes” due to local land use regulations inhibiting farming, as well as various other deleterious side effects resulting from the extension of nonagricultural development into farm areas (Agriculture and Markets Law § 300).

To foster the socio-economic vitality of agriculture in New York, the Legislature gave county legislative bodies the power to create “agricultural districts” (see, id., § 303). Lands falling within those “agricultural districts” may be entitled to various statutory protections and benefits. As is relevant here, Agriculture and Markets Law § 305-a (1) (a) mandates that, when exercising their powers to regulate land use activities, local governments must do so in a manner consistent with the policy objectives of article 25-AA. Thus, the statute directs that local governments “shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened” (id., § 305-a [1] [a]).

In this case, as previously noted, the Commissioner of Agriculture and Markets, who appears amicus curiae on defendants’ behalf, has concluded that “mobile homes used for farmworker residences [are] protected ‘on-farm buildings.’ ” Rejecting the Commissioner’s position, the courts below concluded that use of mobile homes to house migrant farm workers does not fall within the definition of “farm operation.” Initially, the Legislature defined the phrase “[f]arm operation” as “the land used in agricultural production, farm buildings, equipment and farm residential buildings” (L 1992, ch 534, § 1 [emphasis supplied]; see also, L 1995, ch 235, § 1). In 1997, the Legislature amended the definition to mean “the land and on-farm buildings, equipment, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise” (L 1997, ch 357, § 2 [emphasis supplied]). The courts below reasoned that, by deleting the phrase “farm residential buildings,” the

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Legislature intended to limit the definition of “farm operation” to non-residential buildings, thereby divesting those buildings of the protections of Agriculture and Markets Law § 305-a (1) (a). We disagree.

As urged by defendants and the Commissioner, the literal language of the definition does not exclude “farm residential buildings” from the protective reach of the statute. To the contrary, Agriculture and Markets Law § 301 (11) makes plain that all buildings located “on-farm” may be considered part of a “farm operation” if they otherwise satisfy the requirements of the statute (see, id., § 301 [11]). Moreover, the legislative history supports the Commissioner’s view by explaining that the statute was amended in 1997 to correct technical errors and to strengthen — not limit — the protections against unreasonably restrictive local laws and ordinances (see, Senate Mem in Support, Bill Jacket, L 1997, ch 357, at 3, reprinted in 1997 McKinney’s Session Laws of NY, at 2345 [amendments were needed “to correct technical errors and improve the Department’s ability to effectively administer the law”]; Senate Sponsor John R Kuhl, Jr., Letter in Support, Bill Jacket, L 1997, ch 357 [the bill “incorporates several technical changes * * * proposed by the Department (of Agriculture and Markets)” and is intended “to further improve and strengthen the law”]; Assembly Sponsor William L. Parment Letter in Support, Bill Jacket, L 1997, ch 357 [“This legislation will improve the administration of the Agricultural Districts Program by strengthening the * * * unreasonably restrictive local ordinance provisions * * * and making various technical corrections”]).

The Commissioner also concluded that “the Town of Lysander’s Zoning Code, insofar as it prohibits the siting of mobile homes having an area of less than 1,100 square feet for farm labor housing on farm operations * * * unreasonably restricts such farm operations, including Paul Hafner Farms.” According to the Commissioner,

“Frequently, farmers rely on mobile home housing for their farm laborers to accommodate the long work day, seasonal housing needs and to address the real shortage of rental housing in rural areas. Local government prohibitions or restrictions on the use of mobile homes can significantly impair the viability of farm operations.” ,

The Commissioner’s view in this regard is entitled to deference.

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Where, as here, the “interpretation of a statute or its application involves knowledge and understanding of underlying operational practices or entails an evaluation of factual data and inferences to be drawn therefrom, the courts regularly defer to the governmental agency charged with the responsibility for administration of the statute” (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451 , 459 [emphasis supplied]; see also, Matter of Jennings v New York State Off. of Mental Health, 90 NY2d 227 , 239).

Finally, the Town failed to make any evidentiary showing that the statutory exception to the ban on unreasonable regulations of farm operations applied — i.e., that an absolute ban on single-wide mobile homes was needed because “the public health or safety [was] threatened” (Agriculture and Markets Law § 305-a [1] [a]). Therefore, we agree with defendants and the Commissioner that defendants were entitled to summary judgment dismissing the Town’s complaint. The Town’s remaining arguments are without merit.

We note that, as a result of our reversal, defendants’ counterclaim for an order directing the Town to issue building permits and certificates of occupancy — which had been rendered academic by the rulings below — apparently now remains pending.

Accordingly, the order of the Appellate Division should be reversed, with costs, defendants’ motion for summary judgment granted and the case remitted to Supreme Court for further proceedings in accordance with this opinion.

Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt and Graffeo concur.

Order reversed, etc.

Cases cited

Schrader v. Carney 180 AD2d 200 N.Y. App. Div. 1992-06-05 p. 559
Sega v. State 60 NY2d 183 N.Y. 1983-10-25 p. 559
Riegert Apartments Corp. v. Planning Board 57 NY2d 206 N.Y. 1982-10-14 p. 559
People v. Graham 55 NY2d 144 N.Y. 1982-02-18 p. 559
New Amsterdam Casualty Co. v. Stecker 3 NY2d 1 N.Y. 1957-05-16 p. 559
Town of Butternuts v. Davidsen 259 AD2d 886 N.Y. App. Div. 1999-03-11 p. 560
Riley v. County of Broome 95 NY2d 455 N.Y. 2000-11-21 p. 560
New York State Bankers Ass'n v. Albright 38 NY2d 430 N.Y. 1975-12-29 p. 560
In re Stein 131 AD2d 68 N.Y. App. Div. 1987-10-19 p. 560
Dworman v. New York State Division of Housing & Community Renewal 94 NY2d 359 N.Y. 1999-12-21 p. 560
In re the Claim of Killian 89 NY2d 748 N.Y. 1997-05-01 p. 560
Kurcsics v. Merchants Mutual Insurance 49 NY2d 451 N.Y. 1980-02-20 at 459 p. 560, p. 565
Zuckerman v. City of New York 49 NY2d 557 N.Y. 1980-04-01 p. 560, p. 561
Village of Euclid v. Ambler Realty Co. 272 US 365 SCOTUS 1926-11-22 p. 560
Diocese of Rochester v. Planning Board 1 NY2d 508 N.Y. 1956-07-11 p. 560
Town of Pompey v. Parker 53 AD2d 125 N.Y. App. Div. 1976-07-02 p. 560
Village Board of Trustees v. Zoning Board of Appeals 164 AD2d 24 N.Y. App. Div. 1990-10-18 p. 560
Osetek v. Barone 60 Misc 2d 980 N.Y. Sup. Ct. 1968-07-22 p. 560
Corning v. Town of Ontario 204 Misc 38 N.Y. Sup. Ct. 1953-04-28 p. 560
Town of Bedford v. Village of Mount Kisco 33 NY2d 178 N.Y. 1973-11-21 p. 560
Shepard v. Village of Skaneateles 300 NY 115 N.Y. 1949-12-29 p. 560
Albano v. Kirby 36 NY2d 526 N.Y. 1975-05-07 p. 560
Erie County Agricultural Society v. Cluchey 40 NY2d 194 N.Y. 1976-07-01 p. 560
Finger Lakes Racing Ass'n v. New York State Racing & Wagering Board 45 NY2d 471 N.Y. 1978-10-26 p. 560
Alfie's Fish & Chips of Houston v. Zoning Board of Appeals 36 AD2d 664 N.Y. App. Div. 1971-02-11 p. 560
Howard v. Wyman 28 NY2d 434 N.Y. 1971-06-10 p. 561
Eastern Milk Producers Cooperative Ass'n v. State of New York Department of Agriculture & Markets 58 NY2d 1097 N.Y. 1983-03-31 p. 561
Doctors Council v. New York City Employees' Retirement System 71 NY2d 669 N.Y. 1988-05-31 p. 561
Washington Post Co. v. New York State Insurance Department 61 NY2d 557 N.Y. 1984-03-29 p. 561
Metropolitan Life Insurance v. Durkin 301 NY 376 N.Y. 1950-07-11 p. 561
Rankin v. Shanker 23 NY2d 111 N.Y. 1968-10-30 p. 561
Jennings v. New York State Office of Mental Health 90 NY2d 227 N.Y. 1997-06-12 at 239 p. 565