Animal Sanctuary’s Fight to Stay Open Ends After North Carolina Supreme Court Rejects Appeal

ARLINGTON, Va.—A Winston-Salem animal sanctuary’s fight against senseless zoning restrictions has ended after the North Carolina Supreme Court declined to hear the case. Fairytale Farm Animal Sanctuary owner Kimberly Dunckel sued the city after it shut down Fairytale Farm. The Dunckels were represented by the Institute for Justice (IJ), a nonprofit public interest law firm that defends property rights nationwide.

“It’s incredibly disappointing,” said Kimberly. “We fought this for so many years because the city wants and needs our help with the animal population crisis, while giving us no clear pathway to create a permanent home for the nonprofit. Our work will continue, and our focus right now is on finding the right long-term home where Fairytale Farm is welcomed and able to keep serving animals and the community.”

North Carolina courts have refused to consider closely whether Winston-Salem must prove that its restrictions actually protect the public. The city’s ban was not prompted by any neighbor complaints and the city admitted that the Sanctuary did not cause any problems in the neighborhood. The Dunckels could have the animals on their property as pets and they could welcome visitors if they ran a daycare, but they cannot operate a nonprofit that hosts volunteers to care for the animals.

“The North Carolina Constitution protects the right to run a lawful, harmless business like Kimberly’s nonprofit sanctuary,” said IJ Attorney Caroline Grace Brothers. “We’re disappointed that the Supreme Court declined to hear Kimberly’s case, but we remain committed to fighting zoning restrictions that needlessly infringe that right.”

This case is part of IJ’s Zoning Justice Project, which aims to protect and promote the freedom to use property. In South Carolina, IJ is representing a swim teacher banned by the city from providing lessons in her backyard. In Washington state, IJ is representing a private soup kitchen wrongly closed by its city. And in Michigan, IJ is helping property owners realize their vision of a green cemetery on their forest land.