Press Release
Wallace Farm
October 7, 2008

Unlawful and Unconstitutional Search and Seizure by the City of Charlotte Attorneys 

Tuesday, September 30, 2008 was a very sad day in the Wallace family history after more than 100 years of living, farming and working on our families'  land in Mecklenburg County, North Carolina.

The City of Charlotte, through its City Attorneys, sought to intimidate, harass and violate our Federal and State constitutional rights. They were not successful in intimidation but they were successful and guilty of harassing us and in violating our constitutional rights.

With the force of 5 police cars, some of which arrived with sirens wailing, and 5 vehicles filled with City employees, contracted persons and a senior assistant City attorney, we were unlawfully invaded, our rights threatened and our property of over 100 acres searched without our consent by the City using the force of the City of Charlotte's police, and on the asserted authority of an unlawful and facially invalid warrant issued by the Magistrate without any notice to us. We were never even directly served with the alleged warrant as required by North Carolina law.

All City representatives were asked to leave our property and, if they did not, they were informed they would be trespassing. They did not leave. In fact, with false bravado and insolence and with a big police force they stayed on our property, over our objections, for over six (6) hours.

We were not allowed to record what or how they tested or what they collected and how, or what they took from our property, nor even an opportunity to obtain a single split sample of the items they tested and took from our property. We were denied an opportunity to gather evidence in defense of any future actions against us by the City. Any tests or samples alleged to have been taken by the City are unconstitutionally tainted by the City Attorneys' unlawful actions.

The City Attorney and his associate attorneys knew we were represented by attorneys, yet they did not afford our attorneys the professional courtesy to notify them so we could legally challenge the City Attorney's determination to enter our property without permission by using the force of the City of Charlotte police. Our property is not even within the City of Charlotte.

Prior to September 30, 2008, our attorneys tried unsuccessfully to accommodate the City Attorney's request for aodor study that would have allowed inspections and samples to be taken of our compost operation. The City Attorney did not respond to our last offer of cooperation.

We have tried to be good neighbors to the surrounding communities that have developed near us in the last 10 years and we will continue to do so in spite of the City Attorney's oppressive tactics. But we will not be intimidated by their actions.

The City's actions, by and through the City Attorney's office, violated our rights as citizens and property owners under North Carolina State law, the Constitution of North Carolina, the Constitution of the United States and Federal Statutes that provide redress for Constitutional violations.

Our attorneys have been instructed to pursue all rights provided to us by the laws and Constitution of North Carolina and the United States. The government in this matter has acted recklessly, intentionally, aggressively and contrary to our laws and the protections of our Constitutions.

Wallace Farm Enhances the Public Policy of North Carolina

North Carolina's prudent and mandated public policy to enhance and protect the lives of all citizens of North Carolina, set forth in General Statute 130A-309.04, is there must be a reduction on the public's use of and reliance on landfills. Composting is a preferred method to achieve this purpose. With its green, organic composting operation, Wallace Farm enhances and promotes these critically important goals for all citizens of North Carolina. 

History of Wallace Farm 

Wallace Farm is the heart of a family, a way of life. We take pride in the work of seven generations of Wallace family members since 1863. Today, the well run, highly technical business implements the highest composting standards and processes. Its state-of-the-art environmentally green practices remain true to the heritage of the farm - protecting the land for future generations. Wallace Farm is committed to a green environment. 

The Wallace Family started farming this land in 1863, growing crops and raising livestock. In 1945, the farm started a dairy operation and shortly after added a poultry operation. In the 1960s, the farm added composting to the existing crop, dairy and poultry operations, growing it to its current level in the early 1990s. Current agricultural activities include: raising miniature horses, production of hay, and producing premium top soil, potting soil, planting soil, soil conditioner, composted cow manure, compost and mulches. Our composted cow manure and compost plus products are registered with the N.C. Department of Agriculture. 

Composting is a natural process and the ultimate green machine. We naturally recycle up to 100,000 tons of materials each year. Composting organic materials helps to save our planet from greenhouse gases generated in landfills. We are committed to preserving the environment.