Nash v. Campbell Cty. Fiscal Ct.Annotate this Case
Paul and Pat Nash own twenty-eight acres in Campbell County. Clifford and Toby Torline own thirty-five acres. Both Nash and Torline wished to divide their parcels into tracts of five or more acres each for agricultural uses. Nash and Torline see the five-acre plots as mini-farms, but the County views the plots as residential subdivisions with large lots. The County Clerk petitions the court for guidance as to whether or not he should accept the deeds of the five-acre divisions for recording. The County maintains that two of its ordinances prohibit any division until the property owners prove to the Planning Commission that the divisions were for agricultural purposes. Nash and Torline take exception to having the burden placed on them, and argue that the County must prove the divisions were not exempt from subdivision regulations. The trial court agreed with Nash and Torline, and held that the County's ordinances violated the agricultural supremacy clause and were therefore unconstitutional. The appellate court reversed the lower court and ordered summary judgment on behalf of the County. The Supreme Court accepted discretionary review, affirmed in part the lower court's decision, reversed in part, and remanded the case to the trial court to enter summary judgment in favor of the County. The Court found that the five-acre plots were subdivisions that required planning commission approval before recording.