EXCERPT FROM ANTE LITEM DRAFT

This is an excerpt from the draft of the ante litem notice presented to the Catoosa County Board of Commissioners at its april 4 meeting, as written by attorney Christine lawson, on behalf of supporters of backyard chickens:

on March 28, 2023, James davis, the Zoning administrator for Catoosa County, acting in his official capacity, responded to a question posed by a Catoosa County citizen … The question was “[d]o you believe poultry production in the land use table refers to all chickens in the county or just commercial houses?”

Mr. davis responded: if you are asking for a legal opinion or legal advice, i cannot provide that; you would need to consult counsel. our office goes by the plain language of the udc [unified development code]; it contains a specific definition of poultry production that does not distinguish between commercial, personal or other types. instead the language applies to all poultry production.

The interpretation endorsed by Mr. davis on March 28, 2023 was an entirely new interpretation of the udc never previously applied by Catoosa County, and, in fact, contrary to the position previously taken by Catoosa County.

on 1/24/23 planning Commission Chairman, Jerry hawthorne, stated that a-1 is unregulated — you can have all of the chickens you want.

Catoosa County has never issued citations for chickens in a-1 or ra zones, which it should have if it had truly adopted [the] interpretation endorsed by Mr. davis on March 28, 2023.

Citations issued to residents in r-1 for having chickens did not state the interpretation endorsed by Mr. davis on March 28, 2023, but, instead stated that the citation was issued on the basis of nuisance for having a non-domesticated animal in an r-1 zone.

during the almost prior year of interactions between the BOC and citizens, the BOC never suggested that chickens were prohibited in a-1 or ra — just in r-1.

The new interpretation endorsed by Mr. davis on March 28, 2023, appears to be the Boc’s after-thefact attempt to justify its claim that the udc prohibited chickens in r-1.