# When does the "Michigan Right to Farm Act" kick in and



## copperkid3 (Mar 18, 2005)

take precedence over local township ordinances?

*http://www.mlive.com/news/jackson/index.ssf/2010/10/bee_debate_causes_a_buzz_in_bl.html*

I have a friend, who used to live within a mile of where these folks now reside and who 
had bees on his dad's property when it was zoned agricultural. The township began to grow 
and the areas around this were subdivided off into lots and residential dwellings began to go up. 

Eventually a "neighbor" (similar to what is in the hyperlink) complained to the township and 
began a series of threats and harassments to get my friend to move his bees out of the township. 
Unfortunately, he had just been in a terrible accident and had broken his neck and was 
unable to physically either move them or go to court to defend his right to keep them there. 
He gave in and hired another beekeeper to move them to a neighboring township and 
a few short years later, history began to repeat itself all over again. He thought he 
had his bases covered, as the property when purchased, was industrial and zoned such. 
There were a few scattered houses along the street, but with a new sewage treatment plant 
having recently gone up, the township needed additional funding to keep it viable. 
The area was "conveniently" changed over to residential zoning without input or request by 
the landowners and the houses were *REQUIRED* to hook-up to the sewer line,,,,
long story short, the enforcement officer began a systematic almost daily harassment 
against my friend and his bee hives and equipment located at the rear of the property......
taking him to court and costing him literally thousands of dollars in legal fees to avoid going to jail. 
When he was about to contest it and request a jury trial, *ALL* the paperwork 
and photos which would have shown that the officer had trespassed onto the property......
mysteriously disappeared and the case was closed *BY THE JUDGE!*!!.....
My friend wanted vindication and closure. He was denied both.


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## CrashTestRanch (Jul 14, 2010)

wrong arena ...


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## copperkid3 (Mar 18, 2005)

CrashTestRanch said:


> wrong arena ...


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You really need to 'clarify' your responses......


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## CrashTestRanch (Jul 14, 2010)

I posted this and pulled it as it was the wrong arena to carry the discussion in ... I posted it in our earlier discussion ... sorry ...


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## copperkid3 (Mar 18, 2005)

to apologize and ask for your forgiveness. I posted above *BEFORE * heading to our previous 'boxing ring'......:lookout:


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## CrashTestRanch (Jul 14, 2010)

I didn't want to muck up the beekeeping forum ... it's cool, all is well, besides we do get a bell between rounds ... :buds:


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## Immaculate Sublimity (Apr 30, 2003)

To my understanding and having had 'issues' with neighbors as well... the Michigan right to farm act is already in place... I was told this both by local animal control as well as from lansing. and that was well over a year ago.
There are of course criteria to be met, I am zoned AG, and have 2 acres+.

Hope this helps.


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## alleyyooper (Apr 22, 2005)

Michigans right to farm act was made for just the above stated reason. farmers who had farmed in a area fro years were being taken to court for their cows mooing during the night, the smell of manure was upsetting the YUPPIES who had moved to the country and other such junk.
Cities, villages, townships and counties can not pass laws to refrain FARMS that had been such for years.

*Yes bee keepers do fall under the act.*

Contact your state rep in lansing and file a complaint.


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## Immaculate Sublimity (Apr 30, 2003)

Zoning doesnt just 'change' conveniently without the input of the land owners or the township... its usually brought up at township meetings and yea'd or nay'd. land zoned residential even with 8 or 10 acres - is viewed differently than Ag 1 which can be a parcel as small as 1 acre.


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## copperkid3 (Mar 18, 2005)

alleyyooper said:


> Michigans right to farm act was made for just the above stated reason. farmers who had farmed in a area fro years were being taken to court for their cows mooing during the night, the smell of manure was upsetting the YUPPIES who had moved to the country and other such junk.
> Cities, villages, townships and counties can not pass laws to refrain FARMS that had been such for years.
> 
> *Yes bee keepers do fall under the act.*
> ...


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article or my follow-up on it. The attorney _*NOW*_ representing 
the Steller's (Robert Flack), was the prosecuting attorney in the case involving 
my friend, and told him point blank, that beekeepers weren't farmers, 
(since they had no acreage on which to farm) that honeybees weren't 
livestock and therefore he wasn't afforded any protection under the MRTFA 
(Mich. Right to Farm Act). Interesting how years later, he has either 're-educated' 
himself on the law or is just another plain, ordinary slimy lawyer, who will work both 
sides of the fence as long as they pay him. Also interesting is the 'rumor' that the 
township enforcement officer at the time of all the harassment that my friend suffered, 
was allegedly married to Mr. Flacks' sister. Equally interesting, is that this same officer 
had 'residential' zoned land and was keeping a large number cattle on it during this same time period!!! 
While I sympathize with the Stellers and their situation, I think they need to check into 
getting another attorney who can *BEST* represent their interests without possible 
conflict of interest (or having the above information come out in trial)....


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## copperkid3 (Mar 18, 2005)

Immaculate Sublimity said:


> Zoning doesnt just 'change' conveniently without the input of the land owners or the township... its usually brought up at township meetings and yea'd or nay'd. land zoned residential even with 8 or 10 acres - is viewed differently than Ag 1 which can be a parcel as small as 1 acre.


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Michigan then. The former township supervisor ran it with an iron fist for 
many years and was reportedly, one of the highest paid in the state for a 
"part-time" position....to the tune of $80,000.00!!! In addition, he managed 
to get 'appointed' to another part-time position overseeing the waste water 
treatment plant and was reportedly making another $40,000.00 or more. 
When some 'problems' started happening, there was some public outcry on the 
excessive salaries and he made a claim that he would give up his 2nd income; 
but instead, quickly resigned.......claiming he had 'health problems'......
and no wonder, the extra weight of all that high living on the public trough 
has no doubt put him at risk......though there are some who have stated that 
he is more at risk of "accidental" lead poisoning than dying of a heart attack!!!


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## Immaculate Sublimity (Apr 30, 2003)

Obviously....
I havent.
No need to get snarky, really. 
Its plain to see that anything opposing your very jaded opinion will be met with defensive posturing, even if its trying to help. You win. I'll check out of the topic now. I wish you the best with it


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## CrashTestRanch (Jul 14, 2010)

a wise man seeks counsel ...


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## ||Downhome|| (Jan 12, 2009)

federal law trumps state in turn state trumps county an so on down the ladder.

The Supremacy Clause is the standing precedent for this.

this all falls to the supervision of the michigan ag dept and for goes any township interference.


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## copperkid3 (Mar 18, 2005)

Immaculate Sublimity said:


> Obviously....
> I havent.
> No need to get snarky, really.
> Its plain to see that anything opposing your very jaded opinion will be met with defensive posturing, even if its trying to help. You win. I'll check out of the topic now. I wish you the best with it





CrashTestRanch said:


> a wise man seeks counsel ...


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either......just stating the "facts" surrounding this particular case. My friend at one time, 
had nearly 1500 hives......he now has less than 200 (and this happened long before mites 
and CCD came along) and has been basically bankrupted, because some township 
(and county bureaucrats) who knew that the MRTFA trumped local ordinances 
and yet chose to push it anyway.....official oppression if you will. Most other beekeepers 
in the state, (and outside it), when told this story.....*REFUSE* to believe that 
it could possibly happen......well.....I'm here to tell you otherwise. 

And yes alleyyooper, he did contact his state representative; Tim Wahlburg, 
who couldn't be 'bothered' with something as insignificant as honeybees.....
very similar attitude as the local officials......that beekeeping didn't fall 
under the MRTFA and that he really wasn't a farmer..... so his imput: *COMPLETELY USELESS*......

He really didn't want to be informed as to how important honeybees were to the rest 
of the farming industry or society either.....just didn't want to bothered with "the facts".....
obviously he doesn't need to be in political office anymore, but his alternative 
is probably just as bad, if not worse......


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