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  1. 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...
  2. 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.
  3. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Great News - the City of Woodhaven, Michigan is now (somewhat) chicken friendly. Up to 6 hens (no roosters) can be held. http://www.woodhavenmi.org/uploads/City_Council/Minutes/CCMFeb19.pdf (read about halfway in). Oddly, they try to say that the eggs cannot be sold. Good luck with that.
  4. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    A question has been brought up about the preamble to the GAAMPS which say the following: Quote: I don't read this as a problem at all!!! The GAAMP first starts off by say "This GAAMP does not apply in municipalties with a population of 100,000 or more [if: zoning ordinance, various...
  5. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Although I couldn't be there, I had emailed my comments to several of the members of the Commission and had given them to Wingless to take to the Commission and present them in person just to make sure they were in the public record. I just got off the phone with Wingless and we had a great...
  6. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    As I am sitting here putting together my legal positions to send out to the MDARD commission for the GAAMP changes, I'm sitting here reading Shelby Township v. Papesh again. One of the points that needs to be made in any RTFA reliance by any BYC'er is this: MCL 286.474...
  7. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Well, it was a grand ole time at the MDARD meeting on the 2013 GAAMP amendments today, and I was glad to meet several members of the community there. My take on it was that several of the commissioners were receptive to the potential problems that were being raised by the changes and there was...
  8. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Recent case just decided ... Oberly v. Township of Dundee http://coa.courts.mi.gov/documents/opinions/final/coa/20120920_c304122_38_304122.opn.pdf
  9. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Link to a prior Attorney General Opinion dealing with the scope of an agency's rule making power ... http://www.ag.state.mi.us/opinion/datafiles/1980s/op06580.htm
  10. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Here is the Jackson case in its entirety ... Jackson v. Secretary of State, 105 Mich. App. 132 (1981) Defendant appeals as of right an order for declaratory relief entered in Wayne County Circuit Court on October 30, 1979. On April 30, 1975, plaintiff, while operating his motorcycle, was...
  11. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    As to grandfathering, it's pretty straightforward. The 2013 GAAMPS applies to two classes of operations: "new" operations, and "expanding" operations. That obviously doesn't mean "existing" operations except to the extent that you are "expanding." If, in 2013, I am not a "new" or "expanding"...
  12. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Who is trying to force you? Were you issued a citation? Have you been told to remove the coop? And of course, an attorney wouldn't hurt in making a legal argument ... and having an attorney represent you doesn't hurt, and often helps with credibility. Furthermore, it's not just the text...
  13. MichAttorney

    Michigan Right to Farm Law, what does it mean?

    Well, I've been in the process of completing my coop and getting my chickens into their new coop. Which is almost finished now. BTW - they love it and have taken to it rather nicely. They learned really quickly to like the roosting area next to the windows. I came back to this...
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