Courthouse

In a hearing at the Chattooga County Superior Court this morning, Rocking S. Farms LLC faced off against the county government in a dispute over the construction of four chicken houses in Gore. The case centers around a permit obtained last year by farmer Dustin Smith, who has begun preparations for the poultry houses on land he claims to have been rightfully authorized to develop.

According to Smith’s legal counsel, the permit was issued by former County Commissioner Blake Elsberry, and they argue that Smith should be allowed to proceed with his construction plans without further delay. However, the county’s attorney, Albert Palmour, contends that the permit was issued inappropriately. Palmour alleged that Smith’s deed, which includes 11 acres nestled within a larger 38-acre family-owned property, was strategically arranged to bypass essential county permit requirements, specifically the obligation to notify neighboring property owners about the proposed development.

In a crucial moment during the hearing, County Code Enforcer B.J. Hall testified that he believed multiple county code violations were present in the case and expressed his view that the permit granted by former Commissioner Elsberry should never have been issued.

Judge Don Thompson presided over the proceedings and expressed visible frustration with Smith’s supporters present in the courtroom, issuing a stern warning regarding any potential outbursts during the hearings. He instructed both parties to prepare and submit written briefs addressing the issues at hand, emphasizing the importance of following court decorum.

Both sides have been granted ten days to compile and submit their briefs, after which Judge Thompson will render a decision on the matter. The outcome could have significant implications not only for Rocking S. Farms but also for the county’s regulatory framework concerning agricultural development.