Superior Court Order-Judge GilchristSTATE OF NORTH CAROLINA
HARNETT COUNTY
KENT JEFFRIES,
Petitioner,
and
J
rn,
L,
LYNWOOD HARE, FRANCES L. HARE,
BOBBIE LEWIS JEFFRIES, and
THOMAS GLENN FINCH,
Intervening Petitioners,
V.
COUNTY OF HARNETT,
Respondent,
and
DRAKE LANDING, LLC,
WILLIAM DAN ANDREWS and
LINDA ANDREWS,
Intervening Respondents.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO, 11 CVS 1187
THIS MATTER came on for hearing at the January 13, 2014 Session 01' Civil Superior Court for
Harnett County on a petition for writ of certiorari pursuant to North Carolina General Statute 153A -349
to review a decision of the Harnett County Board of Adjustment, dated March 11, 2013, exempting
certain land uses by intervening respondents Drake Landing, LLC, William Dan Andrews and Linda
Andrews from application of the Harnett County zoning ordinances. The court has jurisdiction of this
matter and over the parties. All parties received proper notice of the hearing before this court and an
opportunity to be heard. The parties consented to the entry of this order out of session, term and
county.
The court has reviewed the entire record in this case. Respondent Harnett County and
respondent- intervenors objected to the accuracy of a purported verbatim transcript of proceedings held
before the Board of Adjustment on December 10, 2012, January 8, 10, 23 and 24, 2013 and March 11,
2013. Out of an abundance of caution, this court has not relied upon the contested transcripts offered
by petitioners but has instead listened to the entirety of the audio recordings of all proceedings held
before the Board of Adjustment in December, 2012 and January and March, 2013, such recordings
having been made a part of the record in this case. Respondent and respondent - intervenors did not
object to the transcript of a hearing held before the Board of Adjustment on April 11, 2011 which is a
part of the record and contains evidence considered by the Board in arriving at the decision now under
review. The court has therefore reviewed the April 11, 2011 transcript. Based on the record, and the
briefs and arguments submitted by the parties, the court makes the following conclusions of law;
I. The findings of fact in the March 11, 2013 order of the Board of Adjustment do not support the
conclusions of law and the decision of the Board of Adjustment. Findings of fact must establish
facts determined from competent evidence and may not be merely recitations of what
evidence was presented or which witnesses testified, as is the case with the findings of fact in
the order at issue.
All objections and arguments of petitioners to the admissibility or exclusion of evidence before
the Board of Adjustment are without merit and are overruled. Petitioners have failed to
demonstrate any prejudicial error.
Issues of statutory interpretation are questions of law to be decided by application of a de
novo standard of review. Applying the de novo standard, the court concludes that the General
Assembly did not intend to include continental shooting towers, 3D archery courses and
ranges, sporting clay, skeet and trap; ranges, rifle ranges and pistol pits within the definition of
"agriculture" in N.C. Gen. Stat. 106 -581.1 or of "bona fide farm purposes" under N.C. Gen, Stat,
153A -340. These uses are instead non -farm purposes under N.C. Gen. Stat. 153A- 34O(b) and
are not exempt from county zoning laws, even when conducted on property which otherwise
qualifies as a bona -fide farm or when conducted in connection with or `in preparation for"
hunting.
In the alternative, and as a separate and independent basis for decision, the court has also, as
respondents urge, applied the whole record test and concludes that there is no substantial
competent evidence in the record that the continental shooting towers, 3D archery courses
and ranges, sporting clay, skeet and trap ranges, rifle ranges and pistol pits at issue here
constitute "agriculture" under N.C. Gen, Stat. 105 -581.1 or "bona fide farm purposes" under
N.C. Gen, Stat. 153A -340. All of the competent evidence in the record establishes that these
activities are in fact non -farm uses which are subject to county zoning. To the extent the order
of the Board of Adjustment authorizes these uses, its decision is not supported by substantial
competent evidence in the whole record.
S. For the reasons stated in conclusions of law 3 and 4 above, the use of continental shooting
towers, 3D archery courses, sporting clay, skeet and trap ranges, rifle ranges and pistol pits for
"corporate activities" as referenced in the March 11, 2013 order of the Board of Adjustment
does not constitute "agriculture" under N.C. Gen. Stat. 106 -581.1 or "bona fide farm purposes"
under N.C, Gen, Stat. 153A -340 and is not exempt from county zoning.
6. Petitioners are entitled to judgment as a matter of law on their claims that respondent -
intervenors' continental tower shoots, 3D archery courses and ranges, sporting clay, skeet and
trap ranges, rifle ranges and pistol pits, and corporate activities involving the use of such
facilities, are not exempt from county zoning. However, under North Carolina General Statutes
153A -349 and 160A- 393 (I)(2), the case should be remanded to the Board of Adjustment for
findings of fact and conclusions of law as to respondent - intervenors' operation of a "hunting
preserve ".
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the March 11, 2013 decision of the
Harnett County Board of Adjustment is REVERSED and REMANDED to the Board of Adjustment for
findings of fact and conclusions of law on respondent- intervenors' operation of a "hunting preserve ",
SO ORDERED this
i t day of March, 2014.
0 E 7F d-
C. _J Winston Gilchrist
Superior Court Judge Presiding
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached or foregoing document was
served on the parties listed below by mailing a copy thereof to each of said parties,
addressed, postage prepaid, as follows;
Kent Jeffries
747 Purfoy Road
Fuquay Varina, NC 27526
Thomas Glenn Finch
562 Morning Glory Lane
Fuquay Varina, NC 27526
Bobbie Lewis Jeffries
707 Purfoy Road
Fuquay Varina, NC 27526
Lynwood W. Hare
980 Purfoy Road
Fuquay Varina, NC 27526
Frances L. Hare
980 Purfoy Road
Fuquay Varina, NC 27526
Janet C. Smith
PO Box 238
Lillington, NC 27546
John Walter Bryant
PO Drawer 909
Raleigh, NC 27602
This the day of March, 2014.
C. Winston 4hr
Senior Resident Superior Court Judge