WINSTON-SALEM, N.C. — A Triad animal sanctuary has filed a lawsuit against the city of Winston-Salem.
In January, the city forced the Fairytale Farm to stop hosting events and fundraisers at the farm, claiming they were violating zoning ordinances.
Attorneys for the farm say the zoning ordinances are infringing on owners' rights.
On Wednesday, attorneys for Fairytale Farm filed a lawsuit asking the courts to declare the zoning restrictions against the animal sanctuary unconstitutional.
This has been a months-long battle between the city of Winston-Salem and the small 3-acre farm.
According to the owner of the farm, Kimberly Dunckel, they are also not allowed to have volunteers come to the farm to help care for the animals.
According to Dunckel's attorney, the city ordinance does not clearly state what is and is not allowed on the property.
"Because the city is not saving any legal support for the restrictions we don't even know what the penalty would be for violating these restrictions, but we would think that the sanctuary would be in jeopardy," said attorney Erica Ewing.
Owners say the events they hosted on the property consisted of small groups and field trips that also provided substantial financial support for the animals.
All of which require specialized care or rehabilitation.
"Eventually, if we don’t have the financial support that is required to give the animals that care that they need, then we cannot continue to do this at all," said Dinckel. "That’s also really scary because it’s not just personal, we love the animals that are attached to them, but also, where would they go? There are just not a lot of places like what we do. There are others in the country, but they are also financially strapped and overrun, and not in a place to take on a whole farm full of animals that have different needs."
One of the farm's most recognized residents is a young goat, named Archie.
Archie was born in December with his back legs fused. He has been outfitted with a "wheelchair" that allows him to move around the farm on his own.
After failing to find common ground with the city -- owners of Fairytale Farm felt legal action was their last resort.
"It's easy to feel like it's just a far more petting zoo type of thing like some other places do. I'm not criticizing those, but that's not what we are doing, it's really about the animals and taking in animals that have no place else to go," said Dunckel.
Attorneys say the owners are not asking for money, they just want to be allowed to hold their events and are asking the city to better clarify their ordinances, in writing.
Right now -- owners are working to take care of the animal's needs out of their own pockets.
Winston-Salem City Attorney Angela Carmon declined our request for comment.
In February, Winston-Salem Planning Director said rezoning the area is possible but would be a long and costly change.