Rochester Cider Mill and Oakland Township to Meet in Court Again

Fewer than three months after being for criminal contempt of court after violating a 1987 nonconforming use order, Dr. Tom Barkham is heading back to court April 27 to attempt to repeal the order that helped .

"I'm very hopeful," said Barkham, who wants to leave the 30-year legacy of the to his sons Trevor and Tom Jr. "They love running the cider mill, and we hope this (litigation) will help solve that problem."

Oakland Township Manager Jim Creech declined to comment on the pending litigation, but he confirmed that Rochester Cider Mill "has filed a motion that requires the township to go back to court." Per the Open Meetings Act, the Oakland Township Board of Trustees held a closed session with township attorney Steve Joppich during Tuesday's Board of Trustees meeting to discuss the pending litigation between the township and the cider mill.

In 1987, a nonconforming use order was implemented that allows the cider mill to operate as a business despite being zoned medium residential. The order also limits the products the cider mill can sell to what was sold there in 1978: cider, donuts, caramel apples, popcorn, honey, meats, cheeses, apples and pumpkins.

Additionally, marketing devices are limited to a petting farm and popcorn wagon "and could not be expanded beyond those used during the 1986 season," and the cider mill season is limited to 18 consecutive weeks starting in September.

Rochester Cider Mill clashed with Oakland Township in late 2010 after the cider mill began selling firewood, hay bales and Christmas trees, which were not allowed under the 1987 consent judgement. In November of last year, the Board of Trustees voted to file a motion in circuit court for enforcement of order, show cause hearing, and to hold the owners of the mill in contempt.

The Barkhams argued that the 1987 order is outdated and wrong, and they contended that they fall under the Michigan Right to Farm Act. The Barkhams   said that act protects their right to market and sell products at the cider mill that come from their 150-acre farm in Dryden and their in Oakland Township. In Oakland Township, agricultural use is permitted on land zoned medium residential in accordance with township Ordinance 16-335.

Still, the nonconforming use order supersedes everything else, and until it is overturned, the Rochester Cider Mill will remain under the same operating restrictions it has been under since 1987.

If the order is repealed, Barkham said he'll probably run the cider mill "just the way it has been," except "perhaps it will open up earlier."

Barkham, a veterinarian who also owns the in Goodison, also said he's stepping back from the cider mill and leaving it to his sons to run.

"There should be enough business for someone to make a good living there," he said, adding, "I'm sure the township board will do the right thing."