Farm-to-Consumer Legal Defense Fund is pleased to announce an important win on behalf of Michigan Right-to-Farm and FTCLDF members Cottonwood Farm/Morningstar Ventures, LLC. In an ongoing legal battle, the Michigan Appellate Court ruled in favor of Morningstar Ventures, LLC that the case is entitled to a Right-to-Farm defense.
The matter involves a Washtenaw County farm, which is on land zoned for agricultural use. The farm was issued Notices of Violation by Webster Township, suggesting that the farm was in violation of the Township’s Zoning Ordinance. The township claimed that the farm lacked the acreage needed for the livestock or other farm animals.
A District Court ruled in favor of Webster Township stating the case lacked the Michigan Right-to-Farm defense because it was not engaged in “commercial activity,” despite the fact that the farm sold its farm products in the community.
On January 24, 2025, the Michigan Appellate Court ruled that the lower court erred in finding that there was dispute of fact that the farm was not engaged in commercial activity and therefore entitled to the Right-to-Farm defense. The lower court was incorrect in finding farm sales to be casual or minimal to entitle it to the Right-to-Farm Defense.
The lower court’s decision was overturned. The matter was returned to the lower court, and FTCLDF continues to work on the case.
“FTCLDF is gratified that the Michigan Appellate Court is permitting the farm to argue that it is entitled to its farming activity under the Michigan Right-to-Farm Act,” said Alexia Kulwiec, FTCLDF Executive Director. “We will continue to fight for Michigan Right-to-Farm and members like Cottonwood Farm/Morningstar Ventures, LLC.”