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Michigan High Court Strengthens Right to Farm Fee Shifting

June 22, 2022, 9:24 PM

Attorneys representing the Michigan agriculture industry got a boost from the Michigan Supreme Court on Wednesday in a ruling that will strengthen fee-shifting when farms fend off nuisance claims.

Central Michigan’s James Township sought to fine a farm due to violations of local blight ordinances over the farm’s visible junk, junk cars, unpermitted construction on an adjacent building, and improper fence height on its property. The farm sued and won under the state’s Right to Farm Act, but the lower court denied the farm attorneys their legal fees.

  • The high court reversed that decision, finding that lower courts have no ...