SANBORN — The Niagara Pumpkin Farm has become quite popular in its first few years of operation.
The Townline Road fall attraction, also known as Niagara Nightmares, is currently in its third season, offering seasonal food, haunted hayrides, a corn maze, and a pumpkin house.
It has also been the subject of noise complaints from nearby residents and Town of Lewiston lawsuits charging it with operating without the proper permits.
For now, though, both sides are working together as the business makes its way through the current fall season.
At a work session earlier this month, the Lewiston Town Board approved deferring code enforcement of the farm for the rest of the 2025 calendar year. Starting with the 2026 operating season, attraction owners Kyle and Alisha King will have to submit the required applications for operations to the town planning board for approval in order to operate.
“At this time, we are working together with the town to continue our operations,” Kyle said last week.
Town Attorney Alfonso Bax said that the action did not mean the town was granting site plan approval, special use permit approval, or any other kind of authorization.
The Kings had previously operated Niagara Nightmares on Lee Avenue in North Tonawanda before buying the property at 5368 Townline Road and moving the attraction to Lewiston.
Andrew Davis, who lives a few houses down from the Pumpkin Farm, has complained about their neighbors to the town board with his wife, Hannah, since it began operating. They say the noises disturbing their neighborhood come from loud music, chainsaws, announcements done over bullhorns and ATVs.
“It’s apparent the Town of Lewiston is unable to enforce its own zoning ordinance and its town code with respect to the owners residing on this property,” accused Davis in September, comparing the situation to that of residents complaining about short-term rentals, which the town has banned on most properties. “Enforcing the zoning ordinance and the town code is essential to all of us law-abiding citizens.”
The town filed a lawsuit against the Kings in Niagara County Supreme Court on Sept. 2, claiming the operation did not fit as a permitted use for Rural Residential zoned areas, had expanded without applying for special use permits, and had refused to comply with building department requests. The Kings argued that the business is an agritourism site with crops like pumpkin, corn, hay, and apples available during harvest, with any delays to their season hurting them financially.
Other filed court documents show the building department served them violations dating back to March 2022, including some notices given after site inspections in 2023 and 2024. There was a temporary restraining order against the Kings, preventing them from operating the farm as negotiations to operate were underway.
On the King’s side, they received letters of support from North Tonawanda Mayor Austin Tylec, where it previously operated, West Street Elementary School Counselor Lenore Palmeri, whose students went on field trips there, and from many other Lewiston residents who enjoy the farm. Their lawyer, Justin Andreozzi, filed a cease and desist against the Davis’ claiming they were caught harassing, stalking, and threatening the King family.
“I believe this path forward is the right one for the town, because it doesn’t lock us up in endless litigation,” Bax said in September as the town board was in the middle of negotiating. He acknowledged that it brings town code compliance, safety for the individuals visiting there, and peace of mind for neighbors.
“If we find violations, we are going to hold those people accountable,” Bax said.
Kyle King was supposed to appear before the town planning board at its September meeting, but he didn’t appear and the agenda item was removed at his request.
A letter they sent to the planners said they are committed to operating a safe and family-oriented place and serving the community, while maintaining town compliance. Since then, town building inspector Ed Zimmerman and Fire Inspector Patrick Martin have toured the property and offered the Kings safety recommendations to implement, which they have done.
The regular approval process for the business to operate would have taken several town planning board sessions and possibly prevented the farm from operating this season.
The lawsuit from the town was withdrawn without prejudice, though it can be brought again in the future. Bax said that negotiations went better than expected, hoping the Kings continue in this direction.
“They understand they can still be subject to concurrent violations of town code,” Bax said. Since this agreement was reached, Bax said neither he nor the town has heard any more complaints from residents, with the farm abiding by town requests.
