Craig v. County of Chatham

356 N.C. 40, 565 S.E.2d 172 (2002)

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Craig v. County of Chatham

North Carolina Supreme Court
356 N.C. 40, 565 S.E.2d 172 (2002)

  • Written by Tanya Munson, JD

Facts

In 1998, the Chatham County Board of Commissioners (the board) enacted the Chatham County Ordinance Regulating Swine Farms (the swine ordinance) and the Ordinance to Amend the Chatham County Zoning Ordinance to Provide for Regulation of Swine Farms (the zoning ordinance). The swine ordinance regulated swine farms raising 250 or more pigs. The zoning ordinance limited swine farms to areas of the county zoned either light industrial or heavy industrial and required swine farm owners to obtain a permit through compliance with the swine ordinance. The health department enacted the Chatham County Board of Health Swine Farm Operation Rules (the health board rules), which were almost identical to the swine ordinance but applied to more swine farms. Timothy Craig and the Chatham County Agribusiness Council (CCAC) (plaintiffs) filed a complaint against the County of Chatham (the county) (defendant), seeking a declaration that the swine ordinance, zoning ordinance, and health board rules were not legally valid. The trial court found in favor of the county and Craig, and the CCAC appealed. The court of appeals affirmed in part and reversed in part the ruling of the trial court, holding that the swine ordinance and the health board rules were preempted by state law, but the zoning ordinance was not. The county petitioned for discretionary review, arguing that the court of appeals erred in concluding that state law preempted the regulation of swine farms and thus prevented the county from adopting an ordinance and rules regulating swine farms.

Rule of Law

Issue

Holding and Reasoning (Lake, C.J.)

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