Shady Grove Court Case - Right to Farm

Summary

The Michigan Right to Farm Act, enacted in 1981, was designed to protect farms from urban sprawl and nuisance complaints. Randy Buchler of Shady Grove Farm faced a legal battle with Forsyth Township after being ordered to cease agricultural activities on his property. Through extensive research, he discovered that the Right to Farm Act preempted local zoning laws. With the support of the Farm to Consumer Legal Defense Fund, he successfully defended his farm in court, becoming the first to win such a case in Michigan. This experience led to the establishment of the Michigan Small Farm Council to advocate for small farmers' rights.

Takeaways

• 🌾 The Michigan Right to Farm Act was enacted in 1981 to protect farms from urban sprawl and nuisance complaints from new residents.
• 🏡 Randy Buchler and his family run Shady Grove Farm, where they practice intensive permaculture on their 6.5-acre property in Michigan's Upper Peninsula.
• 🐔 After sustaining a spinal injury, Randy expanded his farming activities to improve his physical health and become more self-sufficient.
• 📬 In 2009, Randy received a cease-and-desist letter from Forsyth Township, demanding he eliminate his chickens and sheep due to zoning laws.
• 🔍 Randy conducted extensive research on the Michigan Right to Farm Act, particularly an amendment in 1999 that provided state-level protections for farmers.
• ⚖️ The act states that local ordinances cannot conflict with state agricultural laws, offering Randy legal protection against the township's zoning restrictions.
• 🏫 Support from local residents, including a middle school teacher, helped demonstrate that Randy's farming activities did not harm the environment.
• 🌱 The Michigan Agricultural Environmental Assurance Program verified that Randy's farm practices complied with state standards, further strengthening his case.
• 🧑‍⚖️ After failed negotiations, Forsyth Township sued Randy, prompting him to leverage the support of the Farm to Consumer Legal Defense Fund and local attorneys.
• 🏆 In November 2012, Randy won his case, becoming the first farmer in Michigan to successfully defend against a Right to Farm lawsuit, leading to the establishment of the Michigan Small Farm Council.

Q & A

What is the Michigan Right to Farm Act?

The Michigan Right to Farm Act is legislation enacted in 1981 to protect farms from nuisance complaints and zoning restrictions, particularly from urban sprawl into rural areas.

Why was the Michigan Right to Farm Act created?

It was created to protect rural farms from complaints from new residents moving to rural areas, who often complained about farming activities and associated odors.

What challenges did Randy Buchler face with his farm?

Randy Buchler faced a challenge when Forsyth Township ordered him to cease all agricultural activities, claiming they were not permissible in his zoning district.

How did Randy initially respond to the township's cease-and-desist order?

Randy responded by seeking clarification on the complaints and researching ways to protect his farming activities, eventually discovering the Michigan Right to Farm Act.

What amendment to the Michigan Right to Farm Act was crucial for Randy's case?

The 1999 amendment, effective June 1, 2000, stated that the act preempts any local ordinances that conflict with it, thereby providing state-level protection for farming activities.

What evidence did Randy use to support his claim that his farming was not harmful?

Randy had a local middle school science teacher conduct water testing of the lake near his farm, which proved that there was no harm being done by his agricultural activities.

What role did the Michigan Agricultural Environmental Assurance Program play in Randy's case?

This program conducted a farm assessment and determined that Randy's farming practices were compliant with generally accepted agricultural management practices, confirming his right to farm.

What legal support did Randy obtain for his case?

Randy received support from the Farm-to-Consumer Legal Defense Fund, which provided him with a team of attorneys to help him defend his rights under the Michigan Right to Farm Act.

What was the outcome of the court case involving Randy's farm?

Randy's farm won the case in the Marquette County Circuit Court, making it the first farm to win a Michigan Right to Farm case at that level, resulting in the township having to pay a significant portion of his attorney fees.

What initiative did Randy take after his legal victory?

After his victory, Randy helped establish the Michigan Small Farm Council, a volunteer organization advocating for small farm rights and providing resources to farmers facing similar challenges.