noting that, under N.C. Gen. Stat. § 153A-340 (1991), "county zoning regulations may not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to the regulations[,]" and observing that "[b]ona fide farm purposes" is defined under the statute as "includ[ing] the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products ..." (internal quotation marks omitted)
How later courts described this case
- noting that, under N.C. Gen. Stat. § 153A-340 (1991), "county zoning regulations may not affect bona fide farms, but any use of farm property for nonfarm purposes is subject to the regulations[,]" and observing that "[b]ona fide farm purposes" is defined under the statute as "includ[ing] the production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agricultural products ..." (internal quotation marks omitted)
- noting that, under N.C. Gen. Stat. § 153A-340 (1991
Written by the judges who cited it.
The opinion
Judge Walker
concurring.
Although I concur, I find it important to note that plaintiffs not only contend that defendants are not engaged in a “bona fide farm purpose” in accordance with N.C. Gen. Stat. § 153A-340, but also that defendants’ operation violates the Orange County Zoning Ordinance (“ordinance”).
Plaintiffs have unsuccessfully challenged defendants’ operation as being in violation of the ordinance in the past, most recently in 1988. They now contend that Orange County erred in determining that defendants’ operation “qualifies as a bona fide farm use and is therefore exempt from the County’s zoning regulations.” However, since Orange County is not a party to this action, this issue is not before us.