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Lori Herron addresses the Jamestown Planning Board in 2019.

Lori Herron has lost her most recent appeal to keep pot-bellied pigs at her home at 2216 Guilford College Road.

Lori Herron addresses the Jamestown Planning Board in 2019.

Herron's case was heard in Guilford County Superior Court April 27, 2021. Following the court's denial, she appealed to the N.C. Court of Appeals April 26, 2022, and the case was heard Aug. 15.

The Court of Appeals decision states, "This appeal asks us whether potbellied pigs kept as pets, and not for commercial use, are exempt from a local ordinance prohibiting residents from keeping livestock, including swine."

The petition goes on to state that Herron was appealing an order of the trial court, the Guilford County Superior Court, affirming the Jamestown Board of Adjustment's decision that the keeping of the pigs on her residential property violated zoning ordinances.

The decision continues, "She propounds three issues on appeal: (1) the trial court failed to acknowledge the ambiguity of the term 'livestock' in the Town’s ordinances; (2) the trial court failed to consider that the Town sought to prohibit only 'agricultural production' activities within the residential district; and (3) the trial court failed to consider that her land use could have been permitted as an existing non-conforming use. After careful review of the applicable ordinances, the record, and our caselaw, we affirm the trial court."

Herron purchased the home on Guilford College Road early in 2000. She told the Board of Adjustment that prior to the purchase, she checked with the town planner at the time to confirm they could keep a pig in the house. She was told there was no problem. As this was a telephone call, there is no record of the conversation.

Over the years, neighbors began to complain about the pigs as well as debris in the yard. Several notices of violation were sent to Herron. None mentioned pigs. Town Manager Matthew Johnson, then Jamestown's Planning Director, testified he drove by the property in 2013 but did not see any pigs.

Guilford County Animal Control received a complaint in December 2017 regarding unsanitary living conditions for the pigs. Animal Control officers visited but found the conditions satisfactory.

An anonymous complaint came to the Town Feb. 26, 2019, protesting the debris in the yard and odors on the property. Johnson visited the property to investigate and found the debris, which included plumbing fixtures, water heaters and trash. He also discovered nine pigs in the yard and knew they were not allowed in the Land Development Ordinance under Limited Agriculture. Agricultural production is not allowed in zoning for residential single-family homes.

Johnson later stated that if he had seen the pigs from the street, he would have issued a notice of code violation.

"I consulted the ordinance," he said. "The first thing I would have done would have looked at the Permitted Uses table."

Johnson sent Herron a letter on Feb. 27, 2019, notifying her that she was in violation of the town ordinance. The letter asked her to relocate the pigs from the property within 30 days. She was granted an extension to May 27, 2019, to find a new home for the pigs.

However, the pigs remained at Herron's home and she applied for an amendment to the ordinance to change the definition of Limited Agriculture to state that miniature or potbellied pigs be excluded if they are pets. On Aug. 20, 2019, the Town Council denied the application.

Herron was given until Oct. 4 to remove the pigs. She did not comply.

On Oct. 22, Town Attorney Beth Koonce sent an email to Herron and her husband, Michael Young, stating, "The Town of Jamestown is moving forward with enforcement of the code violation against you. The next steps will involve financial penalties and the seeking of an injunction from Superior Court enforcing the provisions of the Town's Ordinance against keeping pigs in residentially-zoned areas."

Under the Jamestown Land Development Ordinance, the initial penalty is $100, with an additional $100 per day for each day the violation continued. The penalties were "stayed" while the case was considered by the Board of Adjustment.

The Town sent a Notice of Civil Penalties due for "Failure to Correct Zoning Violation" to Herron on Nov. 18. She appealed the decision to the Jamestown Planning Board.

The Jamestown Board of Adjustment, which is made up of members of the Planning Board, met Jan. 13, 2020 and Feb. 4, 2020, denying her appeal to remove the civil penalties assessed the previous October. Herron was not permitted to appeal the original zoning violation regarding keeping of swine on her property that she received Feb. 27, 2019, from Johnson because the 30-day timeframe for filing an appeal had expired.

After the ruling, Johnson said the Town intended to file a request for an injunction with the Guilford County Superior Court to remove the pigs.

"If Herron also appeals, the Court will probably stay the injunction until they hear the appeal and then consider the injunction," he said.

Herron was allowed to keep the pigs during any upcoming proceedings and the Town could not remove them.

One week after the Board's decision, Herron filed for Chapter 13 bankruptcy relief. That case was later dismissed for failure to make planned payment.

Herron then sued the Town of Jamestown in Guilford County Superior Court, seeking "declaratory judgment and an injunction against the enforcement of the ordinances." That case was dismissed for lack of subject matter jurisdiction and failure to state a claim.

On March 19, Herron filed a writ of certiorari with the Superior Court, appealing the Board's decision.

By February 2020, the pig menagerie had grown to 10, all treated as pets and considered by Herron as emotional-support animals. Herron has seizures and says the pigs can sense when she is on the verge of a seizure and will alert her or her husband.

On April 27, 2021, the Superior Court also denied her appeal of notices of violations. The court said she failed to comply with ordinances in a residential area and ordered her to remove and relocate the pigs by May 23.

With the pigs still living at her residence, Herron appealed that decision to the North Carolina Court of Appeals. The Town asked to dismiss her appeal because she had not timely served the proposed record on appeal in violation of the Rules of Appellate Procedure. However, the trial court denied the Town’s motion.

On Aug. 15, the Court of Appeals denied Herron's appeal.

"We are pleased that the Court of Appeals ruled in the Town's favor and will continue to work towards enforcement of the Town's ordinances and laws," said Town Manager Matthew Johnson.

Herron could not be reached for comment. She continues to keep the pigs at her home. If she so chooses, her next option would be to appeal to the North Carolina Supreme Court or the United States Supreme Court.

When you file a Chapter 13 bankruptcy an automatic stay goes into effect immediately upon the filing of your case. The Automatic Stay prevents creditors from taking any further action against you without authorization from the Bankruptcy Court. In most cases, the Debtor is required to make payments to their secured creditors outside the Plan. When these payments are not made, a secured creditor can file a Motion for Relief seeking relief from the Automatic Stay so they can take action against the collateral. A creditor may also file a Motion for Relief because the debtor has failed to make payments on a property the debtor was intending to keep.

In a writ of certiorari, an appellate court may review a case at its discretion to be more fully informed. A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

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