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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111655
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My question is more pertinent to the efforts of the

Customer Question

Hello, My question is more pertinent to the efforts of the "application" of a 501C3 utilizing its "Non Commercial" status as defined in some of your previous statements towards improper land use.
JA: Thanks. Can you give me any more details about your issue?
Customer: on a piece of agricultural land that is deemed as such in use is now being utilized as a venue for "commercial; activity ie music festival with many people 100 +. The 501c3 owner is trying to apply his "non commercial" status to AG land attemping to be used as large scale venue.
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Customer: no special permits have been acquired from the county
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
thank you. Additionally, this individual has also signed a stipulated agreement NOT to conduct commercial activity in a previous settlement effort on the last venue. No more than 2 months after signing this agreement , another venue took place. It appears this individual negotiated in bad faith and at every turn of events attempts to find ways to circumvent the laws
Customer: replied 9 months ago.
this has not yet come before a judge and are preparing to take it however, the commentary the this person made in terms of a 501c3' is NOT defined as a "commercial" and that these activities engaged in do not fit the restriction implied by land use laws, this has gotten my interest. While they sell lodging, food , hot showers with no license, sanitation, water for fire control nor insurance during these 10 day plus venues and retreats, I cannot understand how on earth the laws that protect our rights at adjoining property owners could possibly be so convoluted to allow such flagrant uses.
Customer: replied 9 months ago.
regardless of "commercial" definition coming from a 501C3 . it seems an adulterated and at the least a convoluted application of the laws designed to properly govern and protect......
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is a non-profit, they can take on commercial activity to raise funds for their non-profit purposes. This means all proceeds from their activities have to go toward their charitable purposes and cannot be used for anything else. However, more concerning here is use of AG land outside of the zoning requirements AND ALSO the breach of contract with you, since they signed an agreement they would not use the land in such a manner.
You have to sue them of course and seek an injunction to stop them from continuing to use the land in this manner and also for damages for them using the land contrary to zoning and for breaching their settlement agreement, which is a contract that they were bound to honor once they signed it.

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