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Use of land is legal, nursery tells judge
By ERIC GERSHMAN KEYSTONE -- Hughes Nursery made its case before Hillsborough County on Friday, continuing to appeal zoning officials' assertion that the Tarpon Springs Road business is operating illegally. Land use hearing officer Margaret Tusing plans to rule within five working days on the appeal, which asks the county to "reverse or make ineffective" a zoning interpretation by planning and growth zoning administrator Paula Harvey. Tusing first heard the appeal by the Hughes Nursery, which operates on agriculturally zoned property in Keystone, in May. At that time, she gave Hughes Nursery lawyer Marcus Vernon a couple of months to submit evidence supporting his case that the county is wrong. Harvey says the 30-year-old nursery actually is doing landscaping, and that landscaping is illegal if performed by a business on an agriculturally zoned property. The nursery argues that Hughes' actions are proper because they are "common and customary usage" mirrored by numerous other nurseries. Vernon also contends that planting trees and plants after delivery is not necessarily "landscaping" -- which the county contends would violate Hughes' zoning -- but a necessary and legal "accessory use" of the nursery function. And even if it is landscaping, Vernon said, the practice does not necessarily violate county law. The attorney said he would not be comfortable predicting how Tusing would rule, but he and nursery owner Ryan Hughes were very satisfied with the proceedings. "I think there's no question that we got a fair hearing," Vernon said. "The judge asked some very good questions and we had an opportunity to present our case. (Ryan Hughes) felt very good about it." Vernon argues that the county's zoning code doesn't actually spell out what constitutes improper use, and therefore should be interpreted in favor of property owners. What's more, he says, the nursery should not be penalized because it purchased the property and went into business based on "specific instructions and interpretations" from county staff. In February, Harvey reiterated past interpretations, saying that parking commercial vehicles at the Tarpon Springs Road site and installing trees cultivated by the nursery there amount to an illegal landscaping business. The legal battle originated from noise complaints lodged by lifelong Keystone resident Rich Dugger, whose property neighbors the nursery. Since that time, Dugger has become president of the Keystone Civic Association.
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