No Ordinance. Still told to get rid of them! MICH.

[OldGuy43]

UPDATE: Good and Bad news. Good news, we are probably going to get the ordinance changed, which is awesome. So hopefully others will get the chance to do the same and be in good standing.
Bad news is their attorney is interpreting both the ordinance and the law wrong. So they are telling me no hens until this is addressed properly (ie. ordinance change),

That's the most bureaucratic piece of B.S. I have heard in a long time. It really makes me

!!!

Two suggestions:

1. Time to talk to the newspaper again. Public opinion is your best weapon.
2. Get a judge to issue a temporary restraining order to keep the village from enforcing this ordinance until the matter is settled. Might work if you can find a sympathetic judge.

 

[MaryLang]

Yeah, good ideas. They are citing district R-1 and I am living in district R-3. No one on council can seem to explain that one, and the their attorney split pretty fast. Some kind of god complexes going on.
So next step, get the attorneys interpretation in writing, send him a receipt showing I sold an egg, and use FOIA to find out who complained in the first place.

 

[MaryLang]

Newspaper was already looking for an update.
This place is so small, I don't even know what area I'd be looking for a judge to do that. But I am getting connections, so it shouldn't be too hard to find out.

 

[wingless]

MaryLang, just want to be sure you know about the Michigan Right to Farm thread, which is here:

https://www.backyardchickens.com/t/182280/michigan-right-to-farm-law-what-does-it-mean/580

I especially recommend the 2nd post on page 59.

Good luck!

 

[MaryLang]

Thanks, I have been trying to use MRTFA, I can't get anyone to listen. This hasn't gone to court or anything. My problem is I haven't really sold any eggs, and that was one of the first tips I was given, I should have listened. I have read MRTFA over and over and I can't find a loop hole for intent. Even though I was told by someone else who had this fight that as long as I have the intent to sell within two years, I'm good. I can't find it in the Law. My attorney is not looking further into it at the moment. And the closest case study seems to be that Double JJ Ranch one, so I'll pass that along. That post you mention is wonderful. I really need to learn more about the law. My husband says I'm not standing up to them enough and he's usually right.

 

[OldGuy43]

How can you sell eggs when your birds aren't at home? I agree with you husband. It's time to be confrontational. Get in their face girl.

 

[MaryLang]

Yes, yes you are right about that.
Has anyone thought about using a title 18 No Trespassing sign for your property?

 

[OldGuy43]

Has anyone thought about using a title 18 No Trespassing sign for your property?

To what purpose? Michigan does have a castle doctrine law, but I can't see how that applies here.

 

[MaryLang]

Well if you had a title 18 and put that together with Common Law, there are no victims here. There wouldn't be a just cause for someone to come on your property because of an ordinance violation. I'm not really referencing the Castle Doctrine at all.
An example.
Just a thought.

 

[MaryLang]

FYI~ I just found that blog to have a clear explanation of title 18 during a google search. Not really trying to be too foil hat or anything