Well, a victory of sorts as the Madison Heights city council voted to repeal the provision that would sunset the ordinance permitting people to own up to 3 domesticated hens. The ordinance allowed chickens ... but was set to sunset or expire at the end of this year. The council repealed the sunset provision, allowing chickens indefinitely. Only one council member voted against the motion. Most were in support, and one changed his mind after he heard us talk. A good night.
I pointed out that the Michigan Right to Farm Act would likely preempt the ordinance in any event as to the commercial chicken raising and the city attorney tried to poo-poo the idea, but he appeared to listen more intently as I stated that the ordinance may be enforceable as to the domestic keeping of chickens but that the ordinance was overbroad in that it applied to commercial farming as well and that may be a problem with respect to the Right to Farm Act.
One of the other council members (also an attorney) who was supportive of repealing the limitations altogether did listen with respect to the Right to Farm Act and read the statute (brought a copy of it) and he clearly read that it preempted the zoning ordinances and he took down the cite to the Papesh decision.