Can a Lemonade Stand bring down Property Values?

August 28th, 2014. By LucyC

Okay…this one’s not a lawsuit. Yet. But it’s got all the elements of a lawsuit in the making—or at least one of them: someone pissed off enough to potentially consider legal action. So what’s the story?

Well, there’s this 12-year-old boy (see pic at left) who’s been selling lemonade and cookies from a front-lawn card table. And he’s apparently making a go of his little start-up. Folks are stopping by—even pulling up in cars—for a cool drink; heck, it’s kind of a no-brainer considering it’s in Florida. But this ‘pop-up” lemonade stand, in Dunedin, FL is allegedly creating traffic problems, trash, noise and parking issues, according to a 61-year old neighbor who wants the business shut down.

Doug Wilkey claims the lemonade stand is an “illegal business” that reduces the value of his home, reports the Tampa Bay Times. OK—clearly this guy’s been drinking the Kool-Aid. He has complained at least four times to the local authorities. The charges Wilkey’s leveled at the 12-year old are rock throwing, havoc-wreaking and the use of profanity. He also claims there was an incident in which one boy accidentally ran into Wilkey’s parked truck on his bike.

Of course, if some of the allegations are true—namely, those that say this kid’s been causing ruckus with some of his buddies—then ok, that’s not really the entrepreneurial decorum one should aspire to in order to build a sustainable business.

But let’s go back to that point about this lemonade start-up driving down home values. Seriously? I’m betting an appraisal hasn’t been done–and I’d love to see “lemonade stand” itemized in a home appraisal—can you imagine? But a little look-see over at Zillow.com at Doug Wilkey’s property shows the exact opposite happening over recent times:

Whassup with that, eh?

As you have probably surmised, Wilkey isn’t getting very far. Dunedin planning and development director Greg Rice told the Tampa Bay Times “We’re not in the business of trying to regulate kids like that; nor do we want to do any code enforcement like that.” The mayor is also a supporter of the lemonade vendor, and told the local TV station, WPTV-TV that he thought the boy “is setting a great example. I don’t know what the other neighbor’s problem is, but I would like to talk to him to try to figure it out.” Yeah, good luck with that.

But—legally speaking—Wilkey may have the law on his side. Other kids around the country who have tried similar ventures have been shut down. For example, in Montgomery County, Maryland, kids who set up a lemonade stand outside a local golf course hosting the PGA’s US Open golf tournament were not only shut down by local officials, but were also fined $500. Welcome to the joys of owning your own business—the other side of entrepreneurship…

Again, legally speaking, permits and licenses for mobile food businesses may be required for a lemonade stand, depending on the location. Heck—your stand may even require a health inspection, and zoning laws, and local ordinances may also come into play. I guess this puts a whole new spin on that saying—‘when life gives you lemons—make lemonade’ —just don’t try selling it—or you may need a lawyer.

 

This was posted on Thursday, August 28th, 2014 at 7:35 pm and is filed under Totally Tortelicious . Feel free to respond, or trackback. Read our comments policy.