Kneeland Glen Farm Stand owner asked to leave by Dec. 31
Kathy Mullen is fighting once again to keep the beloved Kneeland Glen Farm Stand after being served a notice to vacate the property at the Freshwater Farms Reserve by Dec. 31.
The notice, submitted on behalf of the Northcoast Regional Land Trust on Oct. 21, was spurred by ongoing tensions between Mullen and the organization following “repeated lease violations” of public safety involving her 14-year-old corgimix, Tootsie, earlier this year.
“After several months of seeking to resolve issues with our current farm stand tenant at Freshwater Farms Reserve, the Northcoast Regional Land Trust’s board of directors has chosen to terminate the rental agreement on Dec. 31, 2021,” according to a prepared statement from the organization. “… We will be seeking a new tenant who will assist us in maintaining Freshwater Farms Reserve as a safe and welcoming place, provide our community access to locally grown foods, and operate a farm stand consistent with local and state regulations and in compliance with our lease.”
Dan Ehresman, executive director of the Northcoast Regional Land Trust, declined the Times-Standard’s request for additional comment, noting that the organization “cannot comment further on this matter at this time.”
Mullen has owned and operated the Kneeland Glen Farm Stand, located just west of the Three Corners Market on Myrtle Avenue, since 2009. The farm stand sells produce from local farmers, cheeses and baked goods, and highlights the work of Humboldt County artisans.
“I just want to talk with them and understand what I can do to stay,” Mullen told the TimesStandard on Thursday. “I’m willing to comply with anything they want. I know my lease is up but if they want to raise my rent for more money, I get it, I’ll pay more money to be there. If they want to put up signage or do whatever they want on the property, I’m willing to comply. I just want to work alongside them for the betterment of the community because I love this community.”
“I had no clue, I thought we were fine. They just walked into the farm stand and handed it to us. As far as I know, there hasn’t been an issue since the dog issue back in May and my dog hasn’t been there since. It’s been five months and that’s the truth. She isn’t there and she won’t be there.” — Kathy Mullen, owner of Kneeland Glen Farm Stand
Mullen said she was “totally blindsided” by the notice to vacate the property by the end of the year.
“I had no clue, I thought we were fine,” she said. “They just walked into the farm stand and handed it to us. As far as I know, there hasn’t been an issue since the dog issue back in May and my dog hasn’t been there since. It’s been five months and that’s the truth. She isn’t there and she won’t be there.”
But it’s not just about the dog. Neal Latt, Mullen’s attorney, said the main issue is the land designation of the farm stand.
“Kathy has operated that stand since 2009 and the Land Trust didn’t buy the property until around 2017. By the time they came on the scene, Kathy had been running her stand and selling other farmers’ products there for at least eight years,” he explained. “The Land Trust wanted to build trails and so they went and applied for a coastal development permit. When they did that, they represented that Kathy was only selling products from her farm even though they knew that she wasn’t.”
Latt noted that he “didn’t want to cast aspersions” on the Land Trust and said it was probably a mistake because the organization did not know that her operation was designated as “legal nonconforming use” by the county.
“The county has acknowledged that she is legal nonconforming use, the way she’s operating her farm is OK with the county and has been long since before the Land Trust submitted a coastal development permit application,” he said. “…The Coastal Commission told us that they were only interested in making sure that Kathy conformed to Humboldt County code and when they called Humboldt County about it they said, ‘Kathy’s grandfathered in.’ So it’s kind of a big nothing burger. …This is a solution looking for a problem.”
Latt emphasized that the notice to terminate tenancy that was given to Mullen on Oct. 21 is not the same as an eviction notice.
“They served her with a notice indicating that they did not intend to renew her lease,” he said. “An eviction would be (the Land Trust) proceeding to file eviction action if Kathy fails to vacate the property by the end of the year. …Kathy could contest that, we could go to trial and the court would decide who is going to be the prevailing party. …The sheriff would then serve a writ of possession if they prevailed.”
Latt reiterated Mullen’s interest in cooperating with the organization but said, “It feels like we’re hitting a brick wall.”
“I’d like to make this a win-win so Kathy gets to stay and the Land Trust is looked upon well for not turning out a woman who is a treasured part of the community, isn’t hurting anybody, and most importantly, is not operating in a way that is not compliant with how the county is characterizing her use of the property,” he said. “They’re just nitpicking here.”
Even still, the Land Trust is already seeking a new farm stand tenant to assist in maintaining Freshwater Farms Reserve beginning February 2022.
“I’m willing to comply to whatever they want me to comply to. I’m not a difficult person, I’m not a fighter, I just want to get along,” Mullen said. “I’m here for the community. I love the people who come through my store, the kids that come in for cookies and I love being in my garden. My whole heart is in this, I’ve put everything in my soul into this.”