After County Zoning Board of Appeals issued order permitting farmer to hold one amplified outdoor music concert per year, farmer’s neighbor filed suit against farmer, asserting claim for nuisance and violation of Board’s order limiting concerts to one per year.
The Supreme Court of Tennessee held that:
- Marketing of farm by holding amplified outdoor music concerts was not connected with production of farm products, within meaning of Right to Farm Act;
- Evidence was sufficient to establish prima facie case of nuisance;
- Music concerts were not “recreational activities on land used for commercial production of farm products,” within statutory definition of “agriculture,” and thus, were not exempt from compliance with zoning resolution.