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CRAIG v. COUNTY OF CHATHAM

No. COA00-15.

545 S.E.2d 455 (2001)

Timothy H. CRAIG, and the Chatham County Agribusiness Council, Plaintiffs, v. COUNTY OF CHATHAM, Chatham County Health Department and the Chatham County Board of Health, Defendants.

Court of Appeals of North Carolina.

April 17, 2001.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Catherine Ricks Piwowarski, Kenneth R. Wooten and Frank H. Sheffield Jr., New Bern, for plaintiff-appellants.

The Brough Law Firm, by G. Nicholas Herman, Chapel Hill, for defendant-appellees.

EAGLES, Chief Judge.

This appeal presents the issue of whether Chatham County exceeded its authority to enact certain swine farm regulations.

At the outset, we note that the Chatham County Board of Health and the Chatham County Board of Commissioners are not entities capable of being sued. See G.S. § 153A-11 (1999) (granting counties the right to sue and be sued). The present action concerns three sets of Chatham County regulations. The Chatham...

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