By JESSICA PASKO
Associated Press

ALBANY - A state Supreme Court judge ruled Wednesday that housing for workers at an Adirondack farm is exempt from the Adirondack Park Agency's jurisdiction, handing the owner a victory in a legal battle that raised questions about the rights of property owners and farmers.

At issue were three modular homes that Salim "Sandy" Lewis and his wife Barbara began building in 2005 on their 1,200-acre organic farm in the town of Essex. The couple didn't want the trailers commonly used on other farms, but better homes that might help attract high-caliber help like their farm manager, who has a doctorate in agroecology.

The Lewis Family Farm got town permits and began construction in 2005, but was hit with a $10,000 fine by the Adirondack Park Agency, which oversees zoning issues in the 6 million-acre Adirondack park.

Relying on state laws that classify farmworker housing as "agricultural use structures," the Lewises argued that their buildings were exempt from APA jurisdiction and required only local building permits. The local zoning-code officer agreed, and state Agricultural Commissioner Patrick Hooker wrote a letter supporting their position.

The farm applied for an APA permit after the fact as a precaution, but the agency stopped reviewing the application and declared it incomplete because of existing violations. The couple were told they'd have to pay the fine before getting their permit. They refused and sued last year, challenging the agency's jurisdiction over farm lands.

In a decision issued Wednesday, Hon. Richard Meyer agreed with the Lewises, ruling that farmworker housing is an exempt agricultural use under the law that created the APA, so the agency has no jurisdiction over the Lewis buildings. Meyer also dismissed the APA's accompanying civil suit.

APA spokesman Keith McKeever said Wednesday the agency is reviewing the decision with the Attorney General's office and had no comment on a possible appeal.

"Barbara and I are deeply grateful to Judge Meyer for his courage and to Bob Somers of the Agricultural and Markets Department for his devotions to farming," Lewis said after the decision, adding that they'll now be able to finish building the homes.

Farmers' organizations were also happy to hear of the court's decision.

"We said all along that the APA was heavy-handed in imposing massive fines on our farmer member for what was clearly a reasonable agricultural activity," said Peter Gregg, spokesman for the New York State Farm Bureau. "We think this will send a strong message to the APA that farming is a worthwhile endeavor within the park and that it's not qualified to impose judgment on what does and doesn't constitute a farm practice."

In his decision, Meyer called the farm's project "a unique and unprecedented effort to provide agricultural workers with quality housing (that) may not have been foreseen by the Legislature." In such cases, wrote Meyer, any change in interpretation regarding how to apply the APA act should be determined by the Legislature and not by the courts.

"It is a great day for farmers; the right to farm is secure," said John Privitera, the Lewises' lawyer.

Conservation groups, however, worry that the decision could hurt the area.

"Our concern is that farms will be eaten up by accessory housing and, really, turn into subdivisions without the APA being notified," said John Sheehan, spokesman for the Adirondack Council. "We simply feel the park agency has a right to know what's being built and really ought to be reviewing the details of how it gets constructed, regardless of where it is inside the park."

Sheehan said his organization will encourage the APA to appeal and address the issue in upcoming revisions of the agency's regulations and bylaws.