The New Jersey Supreme Court provided some welcome news for those engaged in agricultural pursuits when it recently upheld the preferred status accorded to commercial agricultural and horticultural operations by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
In Township of Franklin v. Hollander,2002 WL 1009221 (2002), aff’g 338 N.J. Super. 373 (App. Div. 2001), the court found that the Right to Farm Act pre-empts local land-use authority under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and provided guidance for the future reconciliation of disputes between farmers and their neighbors.
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