In rural/urban fringe areas, cases sometimes arise involving nuisance-related issues associated with livestock. A common scenario is for a rural landowner on a small acreage to maintain farm animals in close proximity to other rural residences. In these situations, local zoning laws may come into play in addition to the state's Right-To-Farm law. In a recent Michigan case, the landowners owned a 1.5-acre parcel on which they had their home. They also kept goats, pot-bellied pigs, chickens and rabbits in their back yard. The tract was in an area zoned R-1 residential, and under Michigan law, the landowners had to establish that they are either certified as utilizing Generally Accepted Agricultural and Management Practices (GAAMP) or are GAAMP-compliant. If they could prove either of those, then they could take advantage of a preemption of the R-1 residential zoning. In addition, if they could prove GAAMP-compliance, then they could also utilize the Michigan Right-To-Farm law as a defense. If that defense is properly asserted, then the landowners' conduct would not be found to be a public or private nuisance. If the defense didn't apply, and with no GAAMP compliance, then the landowners' activity would be deemed to be a nuisance.
On February 22, 2014, the Circuit Court for Ingham County determined that the landowners had not established that they were GAAMP compliant and, therefore, could not rely on the Michigan Right-To-Farm law as a defense against the county's order to stop their animal activities. The landowners claimed that they didn't have an fair shot at presenting their case before the court issued its ruling, so it's possible that an appeal will be filed.
We will monitor developments in this case. The case is Williamstown Township v. Hudson, No. 13-380-CZ (Circuit Court, Ingham County, MI)(Feb. 22, 2014).