In a developing legal dispute, Rocking S Farm, LLC has filed a petition in the Superior Court of Chattooga County against newly elected Commissioner Andy Allen, alleging that he intends to unlawfully revoke a building permit for four chicken houses on their property. The case arises from a permit issued by former Commissioner Blake Elsberry in October 2024, which Rocking S Farm had relied upon to initiate construction and secure federal loans.

According to court documents, after receiving the permit, the farm undertook extensive preparations, including hiring a grading company and contracting with construction firms for the chicken houses. However, in a letter dated January 17, 2025, attorney Holly Strawn-Gilliland informed Rocking S Farm that Commissioner Allen has deemed the permit improperly issued. The Rocking S Farm petition states that the farm has faced no formal objections to the construction from any parties prior to this letter. Rocking S Farm asserts that Commissioner Allen’s decision lacks proper grounds and that he has failed to provide them with an opportunity to contest the claims being made against them.

Rocking S Farm’s managing member, Dustin Smith, emphasized that they have adhered to all necessary protocols in obtaining the permit, including securing a plat of the property and filing an application consistent with the Chattooga County Ordinance governing poultry operations. The petition highlights concerns over due process, arguing that the commissioner is acting on hearsay without affording the farm a chance to defend its position.

As the case progresses, the court has scheduled a hearing for February 10, 2025, to address the matter. In its petition, Rocking S Farm seeks a declaratory judgment to clarify its legal rights, an injunction to prevent the revocation of the permit, and damages for expenses incurred due to the commissioner’s actions.

The outcome of this case could have significant implications for the future of agricultural operations within Chattooga County and the authority of elected officials over permit issuance. The situation continues to unfold, and local residents are closely watching as the court prepares to hear arguments from both sides.