(a)        Any person who owns property directly affected by the siting requirements of N.C. Gen. Stat. § 106-803 pursuant to subsection (b) of this section may bring a civil action against the owner or operator of a swine farm who has violated N.C. Gen. Stat. § 106-803 and may seek any one or more of the following:

(1)        Injunctive relief.

(2)        An order enforcing the siting requirements under N.C. Gen. Stat. § 106-803

(3)        Damages caused by the violation.

(b)        A person is directly affected by the siting requirements of N.C. Gen. Stat. § 106-803 only if the person owns a facility or property located within the siting requirements specified under N.C. Gen. Stat. § 106-803

(c)        If the court determines it is appropriate, the court may award court costs, including reasonable attorneys’ fees and expert witnesses’ fees, to any party. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security. The court shall determine the amount of the bond or security.

(d)       Nothing in this section shall restrict any other right that any person may have under any statute or common law to seek injunctive or other relief. (1995 (Reg. Sess., 1996), c. 626, s. 7(a); 1997-458, s. 4.1.)

Terms Used In North Carolina General Statutes 106-804

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Swine farm: means a tract of land devoted to raising 250 or more animals of the porcine species. See North Carolina General Statutes 106-802
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  Previous section
Next section  
 Article 67 Contents