A battle between a Divide couple who built a greenhouse next to their home and Teller County commissioners who want them to tear it down has moved to the courthouse. 

Commissioners have sued Virginia and Zac Loop, seeking a judge’s order to force the couple to dismantle the 2,856-square-foot rectangular greenhouse where they had planned to harvest mangoes, avocados and other fruits and vegetables that don’t grow at 9,200 feet. 

The county is seeking $2,000 in initial fees plus $200 per day for every day the greenhouse has stayed up since the Teller County Community Development Department ordered the Loops to take it down. 

So far, that’s at least 45 days and counting, for a running total of $11,000.

Virginia Loop, who had a dream of growing year-round food to feed her family, share with the neighbors and sell the excess, is standing her ground. 

“I see this as fulfilling my civic duty by holding elected officials accountable for their actions,” she said. “I’m passionate about teaching my children how we can address and rectify governmental overreach through the legal system.”

Before building the greenhouse from a kit they purchased online, Virginia said she researched local and state laws and determined the structure was allowed under the 2019 Colorado’s Farm Stand Act. The law says people can build temporary or permanent structures on a “parcel of any size” for the “sale and display of agriculture products” regardless of whether the property is zoned for agriculture. While local governments can require permits for farm stands, they can’t prohibit them, the act says. 

But Teller County officials, in their complaint filed in Teller County District Court, say the greenhouse is a violation of zoning laws. The hilltop subdivision where the Loops live, called Aspen Village, is zoned for residential purposes, and the greenhouse is a commercial operation, the lawsuit alleges. 

Plaintiffs in the lawsuit are the Teller County Board of County Commissioners as well as Commissioner Robert Campbell in his “individual capacity” as a resident of the same subdivision as the Loops. Campbell claims the greenhouse also is in violation of subdivision covenants that require homeowners to receive approval before erecting new structures. The covenants also state that water wells are for household use only, not commercial operations.

The Loops “failed to obtain the necessary permits” for the greenhouse, which is 168 feet long and 17 feet wide, and “refused to correct the violations” despite numerous notices, the lawsuit says. 

A county planning official notified the Loops on June 17 that the greenhouse on their 4-acre property was in violation of zoning laws and July 3, ordered them to take it down. The Loops received a “final notice” July 23 and were told they had 10 days to remove the greenhouse or be fined for every day thereafter that it was still standing.

The Loops, who said they did not raise enough funds through a GoFundMe to keep their lawyer and are now representing themselves, responded with a request that the court dismiss the case. In their filing, the Loops allege that county officials violated Colorado Open Meetings Law by not taking a public, recorded vote to seek action against them and that they are violating their religious freedom. 

They planned to operate the greenhouse through their nonprofit ministry, God’s Way, that would have shared fresh produce with those in need, the Loops said. The operation was not commercial, they claim. “The food ministry — voluntary, charitable distribution to community members — mirrors a church’s collection plate or soup kitchen,” they said in court records. 

The couple also allege that it’s a conflict of interest for one of the commissioners, who is also their neighbor, to sue them both as a commissioner and individually in the same lawsuit.

The Loops argue that their greenhouse is allowed under the state Farm Stand Act, which gives them a “fundamental right to grow and sell food.” 

“By design, the Act advances vital state interests in promoting local agriculture, enhancing food security, and fostering community resilience through the fundamental right to grow and sell food produced on one’s own land,” they wrote in court documents. “It recognizes that activities like cultivating produce in a greenhouse and offering it for sale via a farm stand not only sustain families but also benefit the broader community by providing access to fresh, locally sourced goods.” 

The Loops purchased the greenhouse kit for about $60,000, then spent about $50,000 more on electricity and soil. They spent $10,000 on attorney fees before deciding to represent themselves. They took out a home equity loan to pay for the expenses.

Virginia Loop said she will continue to fight, even though she is concerned they could lose their home over the battle.

Teller County officials and their attorney have not returned requests for comment.