Recent content by MichAttorney

  1. MichAttorney

    City of Massillon Ohio chicken laws

    Shannon, are you in a platted subdivision? If not, then you must write a polite (but assertive) letter that the ordinance cannot apply to you because the city ordinance violates the statute and that you will vigorously defend yourself. I would contact an attorney to help you and have him write...
  2. MichAttorney

    City of Massillon Ohio chicken laws

    I'm not sure what purpose would be served by going to the city council would do ... they don't enforce the laws. You cannot be fooled into thinking that just because some council person is listening that that means anything. You have to answer any ticket/complaint. This is something that will...
  3. MichAttorney

    City of Massillon Ohio chicken laws

    Yes, the City must follow the Revised Code. The City only has zoning powers as given to them by the state - the state is the sovereign entity here and has the power to establish cities and towns and afford them powers to pass ordinances. A city does not have an inherent right to zone, except to...
  4. MichAttorney

    City of Massillon Ohio chicken laws

    Also, looking at an aerial map of Massillon on Google maps, and the way the city is laid out, I can only imagine that you are not in a platted subdivision since it looks like there are no subdivisions with 2 acre lots. It looks like you would have had to have purchased the property more towards...
  5. MichAttorney

    City of Massillon Ohio chicken laws

    You might want to take a look at these statutes ... http://codes.ohio.gov/orc/519 In particular, section 519.21, paragraph (B). Quote: First, if you don't live in a platted subdivision or on one of 15 contiguous lots as established by the cited code sections, then they can't regulate you...
  6. MichAttorney

    The Right to Grow and Raise Your Own Food

    From Justice Scalia's dissent in the Obamacare case, N.F.I.B. v. Sebelius: Quote: Although this is from the dissent, Scalia's dissent, Scalia's opinion, combined with Judge Robert's opinion, establishes that one cannot be compelled to engage in commerce under the federal commerce power...
  7. MichAttorney

    The Right to Grow and Raise Your Own Food

    It's amazing sometimes what you find in older cases. Here's an Interesting case regarding the disposal of table scraps and food. In the case, the proprietors of a hotel also owned a farm. The owner of the hotel would take the good table scraps, separate the good from the bad, and take the...
  8. MichAttorney

    City of Massillon Ohio chicken laws

    Generally "running at large" does *not* include keeping them fenced in your yard. Running at large is like letting them run all over the place. This statute presumes that you can own the animals - just that you can't let them run at large.
  9. MichAttorney

    The Right to Grow and Raise Your Own Food

    Here's a great statement from the Michigan Supreme Court ... Quote: Doe v. Department of Social Services, 439 Mich. 650, 692-693 (1992) (Levin, concurring). Now, this case did deal with a question of whether the state was required to pay for an indigent person's abortion. You must always...
  10. MichAttorney

    The Right to Grow and Raise Your Own Food

    Food for sale that is putrid and unsafe to eat is a nuisance in and of itself and can be seized and destroyed without notice and a hearing. See North American Cold Storage v. Chicago, 211 U.S. 306 (1908).
  11. MichAttorney

    The Right to Grow and Raise Your Own Food

    I have been trying to add to the catalog of cases to address various issues, and in particular, zoning issues and how they interfere with fundamental rights. I need to get back to this thread and one of the cases I need to discuss is Wickard v. Filburn, 317 U.S. 111 (1942).
  12. MichAttorney

    The Right to Grow and Raise Your Own Food

    In the case of Dandridge v. Williams, 397 U.S. 471 (1970) the court decided whether Maryland's system of benefits violated the 14th Amendment. The plaintiffs argued that cutting off benefits after a certain household size violated their rights as the legislation was discriminatory. In this...
  13. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Success in Shelby Township tonight for HandsOffMyHens. The variance was granted. The most important part of the granting of the variance is that one of the board members indicated that one of the reasons to grant the variance because the restriction was preempted by the RTFA. There were a...
  14. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Oh, I didn't say that. I've been swamped since I started my new job, and I'm actually starting to find some free time again. I'm planning on going to the Shelby Township meeting in early November. I'll try to attend anything I can.
  15. MichAttorney

    Are you a chicken smuggler in Shelby Township, Michigan?

    I will be happy to attend. Is the meeting still on for November 7th is what I need to know.
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