WINSTON-SALEM, N.C.—Fairytale Farm Animal Sanctuary will appeal after a state court ruled that Winston-Salem can restrict the nonprofit from operating. Sanctuary owner Kimberly Dunckel sued the city after it shut down Fairytale Farm. The Dunckels are represented by the Institute for Justice, a nonprofit public interest law firm that defends property rights nationwide.

“We’re disappointed at today’s ruling but still determined to one day re-open the sanctuary,” said Kimberly. “The animals we love and care for have nowhere else to go and we rely on the support of the community. We appreciate all the ways our supporters have rallied around us while we’ve been closed, but it’s been hard to manage without being able to host them in-person at the sanctuary.”

• Kimberly is available for interviews at Fairytale Farm today. Please contact Andrew Wimer to schedule.

Fairytale Farm is a refuge for abused and neglected donkeys, goats, rabbits, ducks, and more. After registering as a nonprofit in 2021, the Dunckels hosted groups of Girl Scouts and homeschoolers, held themed events for people to meet with the animals, and welcomed groups of volunteers to help with care and upkeep of the sanctuary. The sanctuary quickly became popular in the community, and the Dunckels’ neighbors all supported the nonprofit and its activities.

But in early 2023, even though the sanctuary had community support and didn’t cause any problems, the city ordered the Dunckels to close the sanctuary completely. Everything that the Dunckels want to do with the sanctuary is already allowed in their neighborhood. It’s legal for the Dunckels to keep all the animals on their property. It’s legal for Kim to run the nonprofit from her home. And it’s legal for other businesses, such as home day cares, to operate and host a similar number of visitors in the same neighborhood. But as soon as the Dunckels combine those things, they become illegal.

The city’s order forced the Dunckels to close their doors to the public and severely hampered their ability to fundraise and care for the animals.

“The power of zoning isn’t limitless,” said Institute for Justice Attorney Caroline Grace Brothers. “North Carolina’s Constitution prohibits restrictions like the city’s that have no basis in health or safety. We will appeal this decision to protect Kimberly’s right to use her property and run a lawful business free from arbitrary regulations.”

“People should be able to use their property to do good in the world, and Kim and IJ will continue to fight so that she and others across the nation can do so,” said IJ Senior Attorney Renée Flaherty. “

This case is part of IJ’s Zoning Justice Project, which aims to protect and promote the freedom to use property. In Idaho, IJ is representing the owner of a tiny home on wheels fighting a city ban. In Montana, IJ successfully defended a private homeless shelter threatened with closure by its city. And in Michigan, IJ is helping property owners realize their vision of a green cemetery on their forest land.