Lewiston Weaponizes Zoning Laws Against Niagara Pumpkin Farm with New Moratorium

The operating season at Niagara Pumpkin Farm may be over, but tensions between the farm’s owners and the Town of Lewiston continue to escalate following the town board’s decision to impose a six-month moratorium on seasonal attractions.

Kyle and Alisha King, who own the Niagara Pumpkin Farm at 5368 Townline Road, say the town has repeatedly changed requirements even after they complied with prior conditions, making it nearly impossible to plan for future seasons. Their frustration was evident during and after a lengthy Lewiston Town Board work session Monday night that drew a packed audience of supporters.

The moratorium, which was approved unanimously, temporarily halts approval of site plans and special use permits for non-conforming seasonal events. Town officials said the pause is intended to give them time to study and potentially update local zoning rules governing agritourism and similar attractions.

Public response during the work session was overwhelmingly critical. For roughly 30 minutes, residents and visitors voiced sharp criticism that the moratorium was crafted to impact a single business rather than addressing any broader trend. Several speakers emphasized that the pumpkin farm brings visitors and revenue into Lewiston, while others argued that the town’s actions amount to reactionary regulation rather than reasonable oversight.

Kyle King attempted to explain how the moratorium could disrupt next year’s operating plans, affect his construction business within the town, and contradict a prior ruling that confirmed the farm was permitted in an agricultural district. Because his comments exceeded the time limit, another supporter completed the remarks on his behalf.

Despite opposition from the audience, the board moved forward with the moratorium. It was clear that the board's decision was made behind closed doors before the meeting began with targeting only one business in mind.

Outside observers also raised concerns about the legality of applying new restrictions after approvals had already been granted. Essentially, applying the moratorium retroactively. Town Supervisor Steve Broderick defended the pause in a written statement read during the meeting, citing complaints from nearby residents and an increase in seasonal attractions. He argued that existing town code does not adequately address temporary events and said town attorneys are already working on revised regulations intended to balance safety with neighborhood impact.

Magically, there were never any reported complaints from nearby residents in prior years that the Niagara Pumpkin Farm operated - just since the Town of Lewiston started its battle against the Kings.

When asked how frequently Lewiston receives applications for seasonal attractions, Broderick indicated the town has not received any such permits annually, a point seized on by critics as evidence that the moratorium is only targeting one business, and one business only.

Town Attorney Alfonso Bax said the town does not intend to delay applications from the Kings and has contacted the state Department of Agriculture and Markets for guidance. He agreed that the town code lacks sufficient detail to handle future temporary events.

Only two nearby residents spoke in support of the moratorium, saying it would help restore peace to their neighborhood and encourage compliance.

The Kings previously operated Niagara Nightmares in North Tonawanda and also own WNY Property Kings, a construction company based in that city. Since launching Niagara Pumpkin Farm in 2022, they have faced multiple enforcement actions from Lewiston, including violation notices, restraining orders that temporarily shut down operations, and a lawsuit filed this past September alleging the farm was not a permitted use.

That lawsuit was later withdrawn after the town and the Kings reached an agreement allowing the farm to operate through the 2025 season. The deal included a temporary deferral of code enforcement and required the Kings to submit formal applications beginning in 2026.

According to the Kings, all safety changes requested by the town were implemented. Kyle King said the planning board had been expected to approve a site plan for the next season at a December 18th meeting, but the moratorium has now postponed that decision.

The Kings say they are consulting with legal counsel to determine their next steps as they believe the town continues to impose shifting restrictions that single out their business rather than offering clear, consistent regulation.

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Lewiston Weaponizes Zoning Laws Against Niagara Pumpkin Farm with New Moratorium