A hearing is scheduled for this Wednesday at 9 AM in Chattooga County Superior Court, focusing on the legality of the county’s poultry ordinance in a dispute between a poultry farmer and the local government.

The hearing, presided over by Superior Court Judge Don Thompson, will examine the validity of the ordinance, which is being used to prevent Dustin Smith, owner of Rocking S. Farm LLC, from constructing four chicken houses on Gore-Subligna Road near Highway 27. Judge Thompson had previously issued a preliminary order on February 26th, temporarily blocking Chattooga County from taking action against Smith. Now, the legal battle intensifies as Smith’s attorney challenges the very foundation of the county’s poultry regulations. The core of the argument lies in the alleged improper enactment of the ordinance. Rocking S. Farm’s legal team argues that the ordinance, which dates back to a 90-day moratorium on new chicken house construction initiated in August 2015 by then-Commissioner Jason Winters, was implemented without proper public input. According to court documents, the moratorium, intended to allow the drafting of a comprehensive poultry ordinance, expired in November 2015.

Attorneys for Rocking S. Farm contend that the ordinance was subsequently enacted on January 5, 2016, despite the lack of public hearings to gather feedback from local farmers. The outcome of Wednesday’s hearing could have significant implications for both Rocking S. Farm and the future of poultry farming regulations in Chattooga County.

Attorneys from both sides will be presenting their cases, scrutinizing the ordinance’s legitimacy and its authority to restrict Smith’s construction plans in the Gore community.