A legal battle over a permit issued for four poultry houses in the Gore Community continues in Chattooga County, with Judge Don Thompson hearing arguments yesterday in Superior Court.

The case involves Rocking S Farm LLC and poultry farmer Dustin Smith with the central issue revolving around the legality of the permit issued by former County Commissioner Blake Elsberry. Smith’s attorneys recently refiled their petition, arguing that the county lacked the authority to require the permit under Georgia’s “Right to Farm” Act and other state law. However, sponsors of the original “Right to Farm” bill and even the Georgia Farm Bureau contend that HB 545, the formal name of the “Right to Farm” bill, does not override local permitting requirements. They maintain the act primarily protects legal agricultural operations from nuisance lawsuits, not from adhering to existing regulations.

The court heard testimony from former Commissioner Elsberry regarding the county’s permit issuance procedures. Elsberry stated the standard process involved submitting permit requests to the County Code Enforcer and, if necessary, consulting with county legal counsel. However, County Code Enforcer B.J. Hall testified that he only saw the permit after it had already been issued, raising questions about the proper procedure being followed.

Judge Thompson indicated that if the case solely concerned the legality of Elsberry’s permit issuance, he would rule in favor of the county’s decision to revoke it. However, due to the refiled petition raising broader questions under state law, he has given both sides ten days to submit briefs addressing these new issues. A ruling is expected within two days of the briefs being submitted.