A Butler County zoning case heading to Common Pleas Court could reshape how the county regulates agricultural land, with implications for farm and rural property owners in West Chester and Liberty townships.
The Butler County Board of Commissioners voted 2-1 on Tuesday, Aug. 4, to continue backing a legal challenge against Garver Family Farm Market in Lemon Township. The board's two other members, Board President T.C. Rogers and Commissioner Donald L. Dixon, sided with county zoning staff. Vice President Cindy Carpenter dissented.
"The way that family farms have survived in this county in the past is not the way they are going to survive in the future, and we need to meet the needs of these farmers," Carpenter said at the meeting.
The dispute, which has dragged on for nearly a year, centers on a new market building the Garver family constructed on its agricultural land. Butler County Building and Zoning Administrator Dennis Dickard determined that more than half the building is used for commercial purposes, including a deli, bakery and event space, according to WCPO, which reported on the vote.
The Garver family has farmed in Lemon Township for nearly 100 years. They argue the building is primarily used to produce wine and host wine tastings. Under Ohio Revised Code 303.21, county zoning cannot prohibit buildings used primarily for making and selling wine on land used for viticulture. The same statute protects farm markets where at least 50% of gross income comes from produce raised on farms the operator owns or manages.
After a March 2026 hearing, the Butler County Board of Zoning Appeals sided with the Garvers, finding no zoning violation. Dickard then appealed that ruling to Common Pleas Court, and the commissioners' Aug. 4 vote authorized the county to keep pressing the case.
"It could put us under," Michael Garver told WCPO. "Our margins right now with how much we invested with the new building that was supposed to keep us here for generations, it would make that unfeasible."
What it means for West Chester and Liberty
West Chester and Liberty townships both contain rural and agricultural parcels governed by the same county zoning code. A ruling that narrows the farm market or winery exemptions in ORC 303.21 could restrict what agricultural landowners across Butler County can build and operate on their property.
Carpenter, who lost the May 2026 Republican primary to Michael Ryan and leaves office Dec. 31, cast her dissent as one of her final votes on the board. Rogers lives in Liberty Township and is active on the county's Zoning Board of Appeals and Rural Zoning Board.
What's next
A Common Pleas Court judge must first decide whether the appeal can proceed. No hearing date has been announced. The commissioners next meet Tuesday, Aug. 11, at 9:30 a.m. in Commission Chambers. Residents can contact the board through the county website.
