Attorneys for Rocking S Farms, LLC have filed paperwork in Chattooga County Superior Court, officially releasing current Chattooga County Commissioner Andy Allen from personal liability in the ongoing lawsuit regarding a poultry house permit previously issued to the farm. The permit was originally approved under former Commissioner Blake Elsberry.

Commissioner Allen has publicly stated his belief that the permit was issued without proper adherence to the county’s commercial poultry house ordinance. According to court documents, Rocking S Farms, owned by poultry farmer Dustin Smith, is now solely seeking relief from Allen in his official capacity as the sole commissioner of Chattooga County. The document filed in Chattooga County Superior Court reads, “Now comes, Rocking S. Farm LLC., Petitioner named in the above-styled case, and by and through its counsel of record hereby voluntarily dismisses without prejudice Andy Allen, in his personal capacity. The intent of this dismissal is to clarify that the Petitioner is seeking relief against Andy Allen in his official capacity as sole commissioner of Chattooga County.”

The dispute stems from a permit granted last year allowing Smith to construct four chicken houses in the Gore community. Following a change in local government and concerns raised by local residents, Commissioner Allen is now attempting to revoke the permit and halt construction, citing potential errors in the original approval process.

The case continues to unfold in Chattooga County Superior Court.