Judge blocks amphitheater on protected NC farmland
A long-running dispute over development on protected farmland in North Carolina has taken a significant turn after a Superior Court judge ruled in favour of a conservation group seeking to stop a proposed outdoor amphitheater. The October 15 decision effectively ends the prospect of a jury trial in the case, although the farm owner still has the option to appeal. According to reporting by The News & Observer, alongside earlier coverage by WRAL and Chapelboro, the dispute centres on Union Grove Farm in Orange County, where plans for a 2,500-seat entertainment venue have raised questions about land-use restrictions and the legal protection of agricultural landscapes.
Superior Court Judge John Morris granted summary judgment in favour of Triangle Land Conservancy (TLC), the nonprofit that has been fighting the proposed development. The ruling was issued on October 15, ahead of a jury trial scheduled for November. Morris did not provide a detailed explanation of his decision in the reported proceedings. Union Grove Farm owner Greg Bohlen has 30 days to challenge the ruling before the North Carolina Court of Appeals.How the conservation dispute beganThe legal battle dates back to 1995, when Bob Nutter, the late owner of Maple View Dairy, entered into a 187-acre conservation easement with Triangle Land Conservancy.
The agreement was designed to protect the property's agricultural productivity, open spaces and scenic character while restricting certain forms of construction and development.The Nutter family eventually sold the property, with Bohlen's companies and business partners acquiring the farm in 2021. The new owners subsequently established Union Grove Farm, focusing on regenerative agriculture and vineyard operations.Tensions escalated when the conservancy raised objections to three newly constructed roads crossing the protected land and the proposed amphitheater.
In August 2025, TLC filed a lawsuit seeking to have the roads addressed and prevent the entertainment venue from being built. The organisation argued that the proposed development was inconsistent with the original conservation agreement, which was intended to protect the land in perpetuity.Why the amphitheater faced oppositionThe dispute also involved Orange County's rules governing agritourism, which allow qualifying farms to conduct certain public-facing activities without following standard county zoning requirements.
However, in June 2025, the county's planning director determined that the proposed amphitheater did not qualify as an agritourism activity and could not proceed under that exemption. The decision also rejected plans for additional commercial facilities, including 10 cottages, a 40-room farm stay centre, event space and a restaurant.Bohlen initially challenged the planning director's decision but later withdrew his appeal before a scheduled Board of Adjustment hearing in October 2025.
His legal team had indicated that the farm could explore a revised proposal with a smaller venue and different activities. That development did not resolve the separate conservation dispute. TLC continued pursuing its lawsuit, seeking a legal determination that the amphitheater violated the easement regardless of how the project was classified under county regulations.The farm's future and what happens nextUnion Grove Farm has also defended its wider agricultural operations, which include muscadine grape cultivation, sheep grazing and vermiculture, a process that uses worms to turn organic waste into compost.
Bohlen, a fifth-generation farmer who previously worked in venture capital, has promoted regenerative farming as a way to improve soil health and create a more sustainable agricultural ecosystem. The farm's operations extend across more than 1,200 acres in the Dairyland Road community.The latest ruling also dismissed a counterclaim brought by East-West Organics, an entity associated with the neighbouring Center for Regenerative Agriculture, which had sought clarification about possible future development on its property.
The decision follows another setback for Bohlen in June 2026, when a separate counterclaim against Triangle Land Conservancy was dismissed. That case involved disagreements over whether Union Grove Farm, as a tenant, had the authority to renegotiate the original conservation agreement on behalf of the property owners.For now, the October ruling represents a major victory for Triangle Land Conservancy, which oversees more than 200 conservation easements across the region.
The organisation has indicated that it supports the farm's regenerative agricultural work and hopes to work towards restoring the protected property's conservation values. However, the possibility of an appeal means the legal dispute may not be entirely over. The timeline for restoring the affected land and resolving the remaining disagreements has yet to be established.You use AI every day.
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