Purvis Family Farms has filed suit against the North Carolina Department of Environment and Natural Resources.

The suit also names a former director of the department and the present director.

In the suit filed in Wake County Superior Court, the Moore County-based company charges that the state agency acted unconstitutionally when it revoked a permit for Purvis to operate a 5,200-head hog farm on the Fairway Farm property on the border of Moore and Chatham counties in 1997.

Purvis reportedly sold the farm site at a financial loss a year ago.

Named as defendants along with DENR are A. Preston Howard Jr., a former director of the agent, and the present director, Kerr "Tommy" Stevens.

The 1997 revocation of the "deemed permitted" status for the proposed Fairway Farm operation is described in the complaint as coming without warning or hearing and as baseless.

Don Reuter, a DENR spokesman, said Monday that the agency stands behind its decision.

Reuter said he had not seen the complaint yet but issued a statement saying that DENR "firmly believes that the division directors in this case acted well within their authority under state law, and the agency stands behind their decision."

Purvis was granted "deemed permitted" status in 1996 and began construction on the site. "Deemed permitted" status is defined as a conditional approval granted before a permit is issued.

After Purvis began work at the site, however, the complaint alleges that Howard sent a letter prohibiting the company from continuing until an individual permit could be issued.

The Purvis complaint further argues that the company was later informed that the permit would not be issued at all.

The action came about the same time that the North Carolina General Assembly was considering establishing a moratorium on new hog farms after a series of environmentally damaging lagoon spills across the state.

Rep. Richard Morgan, R-Moore, was instrumental in guiding that moratorium through the legislature.