Business owner alleges Henry County officials violated rights over license and zoning dispute

Honorable Timothy C. Batten, Sr., Chief United States District Judge
Honorable Timothy C. Batten, Sr., Chief United States District Judge
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A longstanding agritourism business has accused county officials of coordinated actions that allegedly forced the closure of its operations and demanded new licensing requirements not mandated by state law. The complaint was filed by Johnny Sturdivant in the United States District Court for the Northern District of Georgia on March 18, 2026, naming Henry County, Georgia; Michael C. Harris (Tax Commissioner); Michael Black (Fire Marshal/Assistant Chief of Prevention); Melissa Bass (Code Enforcement Officer); Lynn Carty (Deputy Tax Commissioner); Kathy Blackwell (Occupational Tax Specialist); Kristen Stewart (Occupational Tax Specialist); Denise Springer (Occupational Tax Specialist); and unidentified John/Jane Does as defendants.

According to court documents, Sturdivant has operated Big Boot Ranch for more than twenty-five years at 677 Panola Road in Ellenwood, Georgia. The ranch provides educational farm tours, youth programs, community events, and agricultural activities. County records confirm that Big Boot Ranch held an occupational license through 2023. On March 25, 2024, the State of Georgia issued Big Boot Ranch a Georgia Agritourism Registry Certificate (Registration Number: GAR-0204), formally recognizing it as an approved agritourism operation under state law.

Despite this state-level approval, Sturdivant alleges that Henry County officials continued to pressure him to apply for a new county license and rezone his property for commercial use. The complaint describes what it calls a “coordinated pattern of administrative pressure” from various county departments—including the Tax Commissioner’s Office, Fire Department, and Code Enforcement—aimed at forcing him to abandon his existing business classification. Internal communications referenced in the filing show direct correspondence between county officials about inspections and enforcement activity related to Big Boot Ranch.

On November 7, 2023, the Henry County Fire Marshal’s Office shut down Big Boot Ranch without issuing a written citation or order explaining the legal basis for the action. Video evidence is cited as documenting both property conditions and enforcement activity during this shutdown. Later attempts by Sturdivant to renew his occupational tax certificate were denied by Tax Commissioner Michael Harris on January 8, 2024; no written explanation was provided at that time either. According to video documentation included in court exhibits, Sturdivant was told he would need to file a new application requiring commercial rezoning.

The situation escalated in July 2025 when both the Henry County Tax Office and Fire Department filed complaints alleging that Sturdivant was operating without a valid business license—complaints which came after he had already been prevented from renewing his license. Under what he describes as “administrative pressure,” Sturdivant submitted a new license application around August 20, 2025 but later withdrew it after determining it had been filed under coercion.

Sturdivant repeatedly notified county officials in writing that their actions violated both state law—including provisions under O.C.G.A. §2-10-70 et seq., which governs agritourism—and constitutional protections under the Fourteenth Amendment’s due process clauses. He states: “The State of Georgia did not require my business to rezone to commercial nor did it require any additional county licensing as a condition of approval.” Despite these notices and formal demands for recognition of his state registration certificate for subsequent years—including requests sent directly to Tax Commissioner Harris—Sturdivant alleges that no written confirmation or resolution was provided by county authorities.

The lawsuit outlines four primary claims: procedural due process violation; substantive due process violation; civil conspiracy under Section 1983; and municipal liability based on alleged policies or customs targeting his business through coordinated enforcement efforts. Supporting evidence includes inter-departmental emails showing coordination among various offices regarding inspections and enforcement measures against Big Boot Ranch.

Sturdivant asserts that these actions have caused severe financial losses, reputational harm, and disruption of longstanding operations—harms he argues cannot be fully remedied by monetary damages alone. As relief from the court he seeks: a declaration that defendants’ actions were unconstitutional; an injunction preventing further interference with his business; formal recognition of his agritourism registration; compensatory damages; punitive damages; attorney’s fees under Section 1988; and any other appropriate remedies.

Correspondence included in court filings reveals ongoing disputes over classification issues dating back several years. In one exchange from September 1, 2023 Sturdivant wrote: “This is a continuously form of personal harassment… each year your office has forced my business to file late each year… now your office is threatening shutting down my business.” In response Michael Harris stated: “We have done this in the same manner that we have worked with numerous other businesses throughout Henry County… I can assure you that no one is harassing you or discriminating against you but rather simply doing their job.”

Other communications detail procedural steps required by code enforcement officers for reopening Big Boot Ranch following its closure—including completing updated applications with detailed descriptions of activities—and note changes in how licensing processes are handled compared with previous decades.

The case is identified as Civil Action No.: 1:26-cv-01470-ELR. Attorneys’ names are not explicitly listed within this portion of the filing.

Source: 126cv01470_Johnny_Sturdivant_v_Henry_County_Complaint_Northern_District_of_Georgia.pdf



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