FAMILY FARMS VERSUS FACTORY FARMS: PREEMPTION OF LOCAL ORDINANCES UNDER MICHIGAN’S RIGHT TO FARM ACT, WHY THE CURRENT PREEMPTION STANDARD DOESN’T WORK, AND WHAT NEEDS TO CHANGE. JOSHUA S. ELDENBRADY* ABSTRACT This article examines the history and current legal framework of the Michigan Right to Farm Act, the inconsistencies and uncertainties in its application, and the policy implications of the current applied case law, including the implications of applying a single set of policies to all types of agricultural operations. Then, after examining possible clarifications that could be made by the courts based on current rulings, it concludes that further clarification by the courts to make a more workable legal standard is likely to be counter to the policy goals of the act. Finally, it suggests a starting point for a revision of the act that separates high-density livestock operations from other farming types in order to better balance the policy goals of the original act with other local government and community concerns.
* Associate Attorney, Vincent E. Carlson & Associates, PLC, North Muskegon, MI. L.L.M. Candidate, expected 2017 (Michigan Municipal Law), Western Michigan University – Cooley Law School; J.D. 2009, Thomas M. Cooley Law School; B.A. 2005 (Theatre, English, & Telecommunication), Michigan State University.