Michigan Right to Farm Law, what does it mean?

[Mahalo]

Help again,

I've been posting several comments about my situation on this site over the past several months. In the spirit of those posts here is the lastest opinion from the Troy City Attorney when I asked her about the RTFA as it related to the city ordinance.

"Allan Motzny believes it was a few years ago and it was not published. He is our Right to Farm expert. He believe the case law cited has not significantly changed. There are many articles on line about the Right to Farm Act and you can always consult your own attorney. The Right to Farm Act only applies to commercial property. It does not apply to residential zoned property."

Susan M. Lancaster
Assistant City Attorney

 

[wingless]

Help again,

I've been posting several comments about my situation on this site over the past several months. In the spirit of those posts here is the lastest opinion from the Troy City Attorney when I asked her about the RTFA as it related to the city ordinance.

"Allan Motzny believes it was a few years ago and it was not published. He is our Right to Farm expert. He believe the case law cited has not significantly changed. There are many articles on line about the Right to Farm Act and you can always consult your own attorney. The Right to Farm Act only applies to commercial property. It does not apply to residential zoned property."

Susan M. Lancaster
Assistant City Attorney

Hi Mahalo -

That line about RTF only applying to "commercial property" is pretty funny - haven't heard that one before. The argument is usually that RTF only applies to agriculturally zoned property (which is refuted most recently by the Buchler case (Dec 2012)) - or that you have to have a commercial operation (which is true, but the Papesh case established that there is no minimum amount of sales required to meet that definition). Both of those cases (and others) can be found here: http://sustainablefarmpolicy.org/the-courts/.

And of course the very best summary of the law and all the court cases is the Norris and Taylor publication from MSU. Have you provided this paper to your city attorney? http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

Good luck with this.

 

[RaZ]

The Norris and Taylor publication has been removed from the MSU website.

Cities are starting to realize that they can not challenge the RTFA as far as zoning. They are now challenging what constitutes a "commercial" operation. In my case, the prosecution is challenging what constitutes "commercial". And in a rambling motion filed with the court, suggests that RTF does not apply if the city is pursing a "criminal complaint".

It seems that the prosecution has upped the ante after losing the Santieu case.

 

[wingless]

RaZ, do you mean that the link I posted for Norris and Taylor doesn't work? That paper can also be found here: http://sustainablefarmpolicy.org/the-scholars/

Are any of the other documents you mentioned publicly available - the Santieu case, or that motion filed with the the court?

 

[RaZ]

This is what you get when clicking the link.

I'm trying to get copies of the Santieu case and Judge Mack's opinion. The pending cases in Garden City are not available. The court claims that pending public cases are not subject to FOIA.

I need to consult with my attorney if I can share any documentation regarding my case. Now that it has gone "criminal" the rules seem to have changed.

 

[wingless]

Sorry to hear that, RaZ.

FYI, when you click on the link I sent, some additional letters are added after ".pdf", and that is what is causing the problem. If you remove those additional letters the link works.

The link: http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf

What you get when you click: http://www.animalagteam.msu.edu/uploads/files/20/Tech Bullitin Land Use.pdf%C2%A0

Just delete the %C2%A0 and you should be good.

 

[coop-de-grace]

I need to consult with my attorney if I can share any documentation regarding my case. Now that it has gone "criminal" the rules seem to have changed.

I came to the forum to see about maybe getting a chicken or two, and to check on what laws I had to deal with. I stumble upon this thread and the stories within.

Wow! All of this going on beneath my nose, and I've never even heard of it! I am SO impressed at what you've done for the rights of chicken owners in our home town. I never thought this city would spend so much of its resources over whether or not their neighbor has a few birds.

 

[Mahalo]

Thanks Wingless, I assume that the Taylor/Norris article was published around 2007 (based on their reference to "Additional information can be obtained from the Norris and Taylor article, “Questions about Intent and Application of Michigan’s Right to Farm Act”, in the March 2007 issue of Planning and Zoning News. publication). Is there anything more recent? The Troy/Papadelis case was heard by the Michigan Supreme Court in DEC 2009 and the City of Troy appears to be putting much emphasis on that.

 

[Mahalo]

Here is a copy of my latest email to the City of Troy

Ms. Lancaster,
I'd like to schedule a meeting with yourself or your staff to discuss the process for getting the City of Troy Ordinance revised to allow Troy residence to keep a "reasonable" number of chickens on their property.

I have completed sufficient research on the subject and have concluded that the case law supports my request. It is not my intent to argue my position at this time, rather, I'd like to reach an amicable solution so that we can avoid excessive litigation.

First, I'd applaud the progressive position the City of Troy has taken by even having an ordinance allowing chickens. This is definitely a move in the right direction for self sustaining minded residence. However, I'd like to state that the acreage requirement (0.75 acres) is excessively prohibitive since the majority of lots in Troy have a significantly smaller area.

As stated in my letter to the city council, I have proposed changes to the ordinance that allows the city to maintain oversight while giving residence more flexibility.

Please let me know what dates and times are convenient for you or your staff.

sincerely,

 

[rattiegirl]

My family and I are researching about getting chickens. We have 2 acres of land. I do live in Brighton, MI and the township says we cannot have chickens. I did read the Right to Farm Act but am so confused (which sounds like it confuses most people). Can somebody please help me? I understand that we have to post a sign that says we sell eggs. What else do we have to do? I would really appreciate any help!! Thanks!!