ChemGuy & Calista, perhaps you should read the Michigan Right to Farm Act thread. The state law specifically states that it preempts all local ordinances that are in conflict, and that providing the farmer is following GAAMPS and has a commercial intent, it is allowed, regardless of whether local ordinances against the farming were already in place. The gentleman believes he is in the legal right, and all previous court cases on the matter back up that stance.
Thanks, Sonoran. I don't mean to quarrel about the MIRTFA, and I take your good word that it applies to this fellow. The point I was trying to make, though perhaps poorly, is that a little bit of up-front work would have avoided this situation. Now, it's a 'fight' when there need not have been one in the first place.
He is under no obligation to ask for permission. It's likely if he had asked permission they would have tried to fight him. The townships don't want people to know about the MRTFA. When people bring it up, they get bullied and told "Well it doesn't work in your case." They are blatantly disregarding the law to suit their purposes. I really don't understand all this talk about changing ordinances in Michigan (when coming from MI residents who already know about the MRTFA not Chemguy). We shouldn't have to. We should be able to take advantage of the statewide protection the MRTFA allows us without fear of legal battles. I didn't let my township know about my plans. It would've been inviting them to try and shut me down. It's really sad.
Sonoran Silkies and dianaross77,
I am deeply puzzled by your statements. I have directly cited both Appeals Court rulings and Supreme Court rulings that say you have to create your farm legally (and be commercial) BEFORE you can use RTFA, which appears to directly contradict your claims. The wording in the rulings is clear and unambiguous. I can not find a single case that supports your position and I believe I have now looked at every upper court ruling that pertains to RTFA. Can you please help me out and point me to some cases that support your statements? I really want to understand your side of the legal story. And please, I am only interested in court cases. Since precedent has already been clearly established, opinions of "experts" on the subject mean nothing. No offense intended to the experts but that's just how things work.
FWIW, I definitely support farming of all sorts where it is allowed.
Edited by Your_neighbor - 8/17/11 at 12:33pm