Judge Orders Kimball Farm to Move Manure, Equipment

Kimball Farm President Tyler C. Kimball.

Kimball Farm, 791 East Broadway, has been ordered to move manure, large box trailers, dump trucks and livestock pens away from a neighbor’s property.

Essex County Superior Court Judge Robert A. Cornetta issued the preliminary injunction July 20 by after neighbors Wayne P. and Susan B. Griffin filed suit.

“It must be clearly understood that it is not the intention of this court to shut down the defendant’s farm. Quite to the contrary, by being a good neighbor, the farm can take full advantage of its status as a preserved agricultural resource. Such status however cannot be exercised in a vacuum to the obvious detriment of the neighborhood and in violation of the law,” Cornetta ruled.

The judge said Kimball Farm must move manure by Friday to a location at least 250 feet away from its shared property line with the Griffins, and as directed by the Haverhill Board of Health. The farm has until Sept. 4 to move commercial vehicles in compliance with the city’s zoning ordinances, and until Oct. 2 to relocate livestock pens. Cornetta issued the injunction, saying the Griffins are likely to win their suit on its merits, the Griffins are “suffering irreparable harm,” there is no other legal remedy and that any injuries suffered by Kimball are outweighed by the Griffins’ needs.

The judge admonished farm President Tyler C. Kimball, a Haverhill firefighter and previous candidate for mayor, for failing to hire an attorney. Haverhill attorney Theodore Xenakis represented the Griffins, who began their legal action last December.

Kimball Farm has been the site of various activities including the Greater Haverhill Chamber of Commerce’s 2014 Kidsfest event, races and competitions.

10 thoughts on “Judge Orders Kimball Farm to Move Manure, Equipment

  1. You can look on Zillow and see that everyone in that neighborhood has been there between 15 to 25 years. Kimball also has a cease and desist order against him for bringing in and dumping waste materials in an area that drains directly into the Mill Pond recreation area. All the people in the area on wells now have to get their water tested.

  2. Kimball purposely and deliberately retaliated against the abutters. They had no objections to the farming operations. When he went above and beyond reasonable operations, ie; mud runs and events, the abutters had the right to complain. Once the complaints were made, he did everything he could to make the abutters living situations unbearable. He moved manure and equipment and animals closer to their home. He has had numerous run in’s with them and there were physical altercations as well. Mr. Kimball believes he is above the law all these years and did what he wanted to do. Imagine if you had a neighbor like that?

  3. Living by a farm or living by a event venue? That is the question.. Seems to me that the neighbors were targeted by the farmer because they didn’t like living next to event venue which generated traffic, noise etc.. Not something you would have by living next to a working farm.
    Time to be a good neighbor and one who represent farming in a positive manner.

  4. I am judging either way because I do not know the abutters and how long they have been there. Who knows, maybe the farm was ion dispute with the neighbors and decided to pile the manure next to their house. We don’t know the circumstances. Same as before when the farm had issues due to their events being held. Seems like some folks wantg to be able to do anything they want to do.

  5. These complaining homeowners crack me up. They bought newer houses in a farming neighborhood, and now they complain about everything.

    I agree with Jeff…… These complainers are idiots if they didn’t investigate the neighborhood BEFORE they purchased their houses. And the judge is useless and just as bad to not to recognize these people are merely complainers who should have done their homework BEFORE they bought. Has no one heard of BUYER BEWARE?. Another example of a judge ruling from the bench instead of interpreting the laws already in effect.

  6. Another activist Judge deciding that a family farm that has been in operation must accept paying the cost to reconfigure their operation because some yuppie moron who either bought or built a home abutting the farm, and now is complaining about the setup that was there long before they moved in. Are these people stupid, arrogant, or just plain fools? Didn’t they survey the area before they bought and moved in? Absolutely ridiculous, take another level in the courts, this Judge is incompetent. That is unless the neighbor is willing to pay to move everything.

    • You don’t know what you are talking about. Kimball moved the trailers and started dumping close to the property line as retribution for losing his permit to hold mud runs and other races. It had nothing to do with normal operation of the farm. Nobody had a problem with the farm for many years until they started doing these things.

    • You have no idea what you are talking about. This has nothing to do with activist judges, or unreasonable neighbors. On the contrary, it has everything to do with being a good neighbor who is considerate and tries to get along with people in general. All the homeowners who have had “run ins” with the farmer have repeatedly tried to “get along”.
      The farmer has gone out of his way to get back at neighbors because neighbors did not want an 5-8 thousand events every weekend. Big business does not belong in a historic suburban area, plain and simple. That is what this all about-the farmer didn’t get his way, so he retaliates likes a child.