In a ruling that could have statewide implications, a Union County judge has ordered that a local farmer can host rodeos at his Wingate arena once again, despite county efforts that put a temporary stop to the shows.
The preliminary injunction by Superior Court Judge Chris Bragg means that the owner of Cross Creek Arena can resume rodeos there.
Jay Brown, the owner of the 30,000-square-foot arena, argued that county officials had illegally tried to shut down his events, despite a state law that says agriculture and agritourism can't be regulated by local governments.
"It's a great ruling for anyone involved in agriculture in this state," Brown said Wednesday. "Counties are either going to have to comply or they'll be challenged."
County officials say they intend to continue the court fight.
Brown has not held rodeos at his dirt-floor arena since early this year, when county officials notified him that the building was not up to the state's commercial code and that crowds were over the occupancy limit.
In June, the N.C. General Assembly enacted a law which exempts farm buildings used for spectator events from most building code regulations.
But county officials required Brown to get a special use permit before hosting rodeos and other equestrian events. Brown refused to seek such permits, and instead filed suit, contending that his operation was agricultural - and thus exempt from local regulation.
County officials say Brown has refused to provide the information they need to determine whether his rodeo operation qualifies for a farm exemption.
They've said the county has a right to regulate non-farm uses of farm property. Otherwise, the county manager's office said in a statement issued Wednesday, a farmer "would be free to build a gas station or machine shop at the edge of his pasture, right next to a residential subdivision, and there would be nothing that the County could do about it."
Judge Bragg appeared to see it Brown's way.
"The heart of this case is whether or not a rodeo or other equestrian activity held on a bona fide farm falls within the definition of agritourism," Judge Bragg stated in his Dec. 20 injunction order. "The answer is an unequivocal 'yes.' "












