State v. Kelsall

OPINION

JACOBSON, Chief Judge, Division 1.

The main issue in this appeal is whether a regulation of the Maricopa County Health Department prohibiting the maintaining of pigs within 300 feet of an inhabited house is constitutional.

Defendant, Samuel Kelsall, IV, was originally charged by a criminal complaint (misdemeanor) with violating the following regulation of the Maricopa County Health Department:

“No pigsty or piggery shall be built or maintained on marshy ground or land subject to overflow, nor within 200' of any stream, canal, or other source of water supply, nor within 300' of an…