Superior court judge issues preliminary injunction restoring Cross Creek Ranch’s private property rights

RALEIGH, N.C. – A Superior Court Judge has issued a preliminary injunction ordering Union County to cease enforcing or attempting to enforce its land use ordinance in regard to Cross Creek Ranch. Jay Brown, the owner of Cross Creek Ranch, had previously filed a lawsuit alleging that Union County was violating his private property rights by unlawfully regulating his farm in violation of state and federal laws. Raleigh-based Shanahan Law Group is representing Brown and Cross Creek.

Cross Creek Ranch had been effectively shut down since January 2011, when Union County began contending that the farm was required to comply with the county’s zoning ordinances. At that time the county also began insisting that Brown was required to apply for and secure a special use permit to operate the farm. Under state law, a farm that meets the definition of a “bona fide farm” is exempt from land use regulation.

The lawsuit states that Cross Creek Ranch, which is a working farm and agritourism business, meets the definition of a “bona fide farm” and is therefore exempt from the Union County Land Use Ordinance.

Further, while Brown had attempted to communicate with Union County officials to resolve the issue, the county had been unwilling to respond to his questions. The lawsuit also stated that Brown has suffered financial losses and could suffer additional financial harm by losing a potential long-term contract as a result of the county’s failure to respond to his efforts to resolve the issue. In the preliminary injunction, Superior Court Judge C.W. Bragg stated that Brown “faces the potential for immediate, irreparable injury because defendant’s continued attempts to regulate Cross Creek have deprived Brown of the ability to lawfully use his land.” The preliminary injunction also states that Brown is “immediately entitled to operate agritourism events, including but not limited to rodeos, at Cross Creek without a Special Use Permit or other similar land use permit.” Brown’s lawsuit also seeks recovery of financial damages and attorneys’ fees.

“This is a classic example of a local government overstepping its authority at the expense of its citizens,” says former federal prosecutor Kieran J. Shanahan, principal of Shanahan Law Group. “In this case, Union County’s government has effectively shut down a small business by demanding that it comply with a law from which it is clearly exempt. The county’s actions have held Cross Creek Ranch hostage for nearly a year, and they have caused Mr. Brown significant financial hardship. Further, the county has failed to respond to Mr. Brown’s efforts to communicate with them to resolve this matter. This lawsuit was an unfortunate but necessary step to ensure that Mr. Brown’s private property rights are protected, and we are pleased that the Court granted our motion for a preliminary injunction.”

Shanahan Law Group, PLLC is a boutique law firm in Raleigh, N.C. that offers a full range of corporate litigation services. The firm’s practice areas include complex business litigation, business formation, banking, trusts and estates, agribusiness, employment law, white collar criminal defense, commercial real estate and government affairs. For more information, call (919) 856-9494 or visit https://shanahanlawgroup.com.