I've been following this case on the edge of my seat for some time now. Let me catch you up.
Mary
and her husband Craig bought a home in a farm community that allowed
horses and chickens, and yes, they confirmed that. At some point,
someone changed their mind, and started fining them. Fines reached
$31,500 before they finally gave up and moved away. This case was won
by the neighborhood HOA in court, but Mary and Craig won on appeal -
Appellate Court. Now it will be heard at the NC Supreme Court April 22
in Raleigh. I will be there!
Let's take a look at the covenants.
"A maximum of three horses may be kept and stabled on
any lot or combination of adjoining lots under common
ownership. . . . No other animals, livestock, or poultry of any
kind shall be raised, bred, or kept on any lot, except that
dogs, cats, or other household pets, may be kept provided
that they (including horses) are not kept, bred, or
maintained for any commercial purpose. No dog kennels of
any type shall be kept or maintained on the property."
The
reason this case is so important is the fact that backyard chickens
popularity have made them more pets than livestock or poultry. Anyone
familiar with pet chickens knows they are quite different that their
counterparts in the poultry houses. Let's hope the NC Supreme Court
agrees.
Appellate Court ruling
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