Michigan Right to Farm Law, what does it mean?

[HandsOffMyHens]

Can you send me a link to this? I will definitely look into it. What township are you in?

 

[RTFchickens]

Can you PM me an email address? I'm not sure how else to do it...

 

[wingless]

I have a copy of the Buchler case and it is almost entirely on point but it is a circuit court case not an appeals one so it is not binding on any other court.

The important thing with this new case is that it lays out precisely what the standard for using mrtf as a defense so it is helpful no matter what the facts. It means that it is now laid out precisely what anyone using mrtf as a defense must do no matter what the factual situation.

Thanks eldenbrady. This is a terrific contribution, and you're the first to find it. (How did you find it? It was published on September 19, 2013!)

Thanks also for speaking to its significance within the legal system, because that is not obvious. So an appeals court decision is binding on all other lower courts in the state? What if someone who lost an RTF case in 2013, and appeals. Would that appeals court have to consider this appeals court decision?

I hope you don't mind, but I posted this case on a page on my website where I am tracking the important RTF decisions, so anyone can find them easily when they want them: http://sustainablefarmpolicy.org/the-courts/

 

[HandsOffMyHens]

Great site! Thank you for the links!

 

[eldenbrady]

A published case from the court of appeals is binding on lower courts and on future court of appeals decisions.

I found it when I went back to print out rtf cases for the motion hearing I have regarding our goats on Tuesday. As an attorney I have access to the casemaker legal research system and just ran a search for "Michigan right to farm" to update my list, I was very happy to see it.

 

[eldenbrady]

Please continue to pass on information through whatever sources you have to get it out.

 

[mamarosa]

I received your post from another person online. I too have a small flock in Shelby twp. I do not live far from you. I would love to help you out, but am afraid. The young couple at the end of the block because of the neighbors complaint, call the police and they removed her flock. I am not sure how I could help you out without giving up my address or name. I truly don't understand why they have such an issue. my girls live in a clean coup and barely make a peep compared to some of the dogs in the area. I will continue to watch this post and if I can help out in getting this ordinance changed with out problems I will.

mamarosa in Shelby twp.

 

[chickwhispers]

I am learning so much. While I don't have any issues now, I am taking note for future reference and appreciate all your hard work, research and keeping updates posted. Thanks!

 

[RTFchickens]

For any others, I would be happy to share deposition of MAEAP = GAAMPS compliance. It is over 70+ pages of awesome!

For those of you who don't know, we are going to a township meeting tomorrow requesting to get rezoned as agricultural. This is only the 1st of several meetings to attempt rezoning from residential.
We made it clear to township that we are not interested in a variance for $280. They are strongly encouraging it, but can't make us. Our attorney is confident we would win a RTF case if they decide to take it that far. Owning 59+ acres and fighting for 24 chickens is crazy! (We did have 25 this morning but one rooster with an aggression issue went to camp today)
The reason we are not going for the variance is because if we get variance for 25 chickens, and they ok it, what happens when we get 12 more? Or maybe rabbits for a 4H project? Do we need another variance? Or what if we want a garden like eldenbrady, and township makes an ordinance against that?!?
I'm glad we are in this together! We can share info, and share support!
Eldenbrady, I will keep you in my thoughts Tuesday. Muskegon is not far from me, I would be happy to show support for you in the courtroom. Just let me know when and where.
Handsoffmyhens, have you tried contacting your local representative? After contacting mine, my township suddenly seems interested in a rezoning application. Just a thought...
Good luck all!

 

[chickwhispers]

Deannag1160: Way to go!!! Yeah