Case Farms in ɫ is asking the state Supreme Court to not review a lower court decision on a lawsuit brought by an animal advocacy group, saying the group wants to retry a case that has already been settled.
The Case Farms processing plant on West Fleming Drive in ɫ.
News Herald file photo
Attorneys for the company filed a response on July 7 to a petition for review brought by Legal Impact for Chickens. In May, the North Carolina Court of Appeals upheld a decision from a lower court to dismiss a lawsuit filed by the nonprofit. Legal Impact for Chickens filed a lawsuit against Case Farms in May 2023 regarding Case Farms’ treatment of chickens.
The case was dismissed by Judge Wesley W. Barkley in Burke County District Court on Dec. 15, 2023. The state Court of Appeals denied an appeal from the organization on May 21.
In its response to the organization’s petition for review, Case Farms argues no grounds under state law exists for discretionary review in the case decided by the Court of Appeals.
The company argued that the subject matter of the appeal does not involve matters of significant public interest and overturning the opinion of the Court of Appeals will negatively impact agribusiness and the district courts.
In the Court of Appeals opinion, the court said said the phrase “lawful activities” under the state’s Protection of Animals Act expects the entire chicken processing process from the act, the appeals court said.
Legal Impact for Chickens sued Case Farms for what it said was gross mismanagement and cruelty toward newborn chicks in its hatching and slaughtering process. The nonprofit claimed the company violates industry standards and North Carolina law. The lawsuit described claims of how chickens at the company’s ɫ location are treated and claims Case Farms also operates faulty equipment.
Case Farms argued against the organization’s petition for discretionary review by the state Supreme Court, saying the review request was just a vehicle for the organization to restate its arguments that were previously rejected by the Court of Appeals.
The Case Farms processing plant on West Fleming Drive in ɫ.
News Herald file photo
The case is not on the state Supreme Court calendar of arguments for September, which is the only calendar that has been released. The court is scheduled to hear arguments in September, October and November, but the calendar for those months have not been released.
