Rocking S Farm, LLC’s attempt to challenge Chattooga County’s ordinance regarding commercial poultry operations has been dealt a blow in the Superior Court of Chattooga County. In a ruling issued by Judge Don Thompson denied the farm’s request for a preliminary injunction and a declaratory judgment against the county’s ordinance. The legal battle, Civil Action File No. 2025CA45724, pitted Rocking S Farm, LLC against Andy Allen, in his official capacity as the sole county commissioner of Chattooga County.

The central issue was the enforceability of the county’s ordinance that sets setback requirements for commercial poultry houses in relation to property lines, residences, commercial buildings, and waterways. Judge Thompson found that Rocking S Farm, LLC lacked standing to bring the suit, stating that the farm did not own the property at the time of filing the action due to a lack of proper executor assent on the deed, as required by Georgia law. The court also noted the farm paid no consideration for the property. Furthermore, the court found the application submitted by Rocking S Farm, LLC “did not fairly represent the consent of the adjacent property owners” and deemed it “noncompliant and void.” The court further clarified the ordinance does not regulate animal husbandry practices, but rather establishes setback requirements for building codes and nuisance codes, which are within the county’s authority to protect public health, safety, and welfare. The ruling also stated the Chattooga County ordinance is a proper exercise of the county’s constitutional and statutory authority to abate nuisances within its boundaries. T

The order, prepared by Holley Strawn-Gilliland, Chattooga County Attorney, underscores the county’s right to enact ordinances to ensure responsible development and prevent potential nuisances arising from commercial poultry operations. The specific setback requirements, including a 1,000-foot buffer from residences or commercial buildings, 100 feet from all property lines, and 250 feet from streams, springs, or open water, remain in effect following the court’s decision.

This ruling solidifies Chattooga County’s ability to regulate the construction of commercial poultry operations within its borders, aiming to balance agricultural development with the well-being of its residents and environment.