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Monday, April 7, 2014

York sues Seaford resident; oyster farming permit at issue

York County:
“York County is asking a judge to shut down two oyster farms. Seaford resident Anthony Bavuso was served with an injunction Thursday that said he and his wife, Elyse Pyle, were illegally operating their commercial oyster business without a permit, which the state Supreme Court ruled earlier this year the county was right to require.

Dandy resident Greg Garrett is expected to receive a similar document after County Attorney James Barnett files them in York-Poquoson Circuit Court Friday. Since the ruling in January, the two have continued to farm oysters from their homes in violation of the county's ordinance and the court's ruling, Barnett said… Bavuso, who has raised oysters at his Creek Circle home in York Point for his Seaford Oyster Company since 2010, was denied a permit in 2011. Garrett, whose operation began in 2009 on Sandbox Lane, withdrew his permit request the same night.

The two men filed separate lawsuits in Circuit Court arguing that oyster farming was an allowed use of their land under the county's land-use ordinance because their residentially zoned properties allow commercial agriculture. The Circuit Court sided with Garrett and Bavuso.”
~ Writes Ali Rockett of the Daily Press

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