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CRAIG v. COUNTY OF CHATHAM

No. 270PA01.

565 S.E.2d 172 (2002)

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

Supreme Court of North Carolina.

June 28, 2002.

Attorney(s) appearing for the Case

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

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

Southern Environmental Law Center, by Donnell Van Noppen III and Michelle B. Nowlin, Chapel Hill; and Environmental Defense, by Daniel J. Whittle, Raleigh, on behalf of North Carolina Association of Health Board Directors; Environmental Defense; and Conservation Council of North Carolina, Inc., amici curiae.

Carlton Law Firm, by J. Phil Carlton, Pinetops, on behalf of North Carolina Agribusiness Council, North Carolina Pork Producers Council, North Carolina Cattlemen, North Carolina Farm Bureau, North Carolina Poultry Federation, North Carolina State Grange, and the North Carolina Citizens for Business and Industry, amici curiae.

Nicolette G. Hahn, White Plains, NY, on behalf of Waterkeeper Alliance, Cape Fear Riverkeeper, Neuse Riverkeeper, Neuse River Foundation, New Riverkeeper, Winyah Rivers Foundation, and the Alliance for a Responsible Swine Industry, amici curiae.

LAKE, Chief Justice.

The issues raised here on review require the interpretation of the North Carolina General Statutes and application of North Carolina case law governing the question of preemption of county ordinances by the State. Specifically, the primary issues presented, defendants' first and second issues, relate to the validity of two Chatham County ordinances passed by the Chatham County Board of Commissioners and certain rules passed by the Chatham County...

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