IMPORTANT MICHIGAN RIGHT TO FARM ACT DECISION BY THE MICHIGAN SUPREME COURT

On June 22, 2022, the Michigan Supreme Court issued an important decision regarding the Michigan Right to Farm Act, being MCL 286.471 et seq. (the “RTFA”), in James Township v Rice, ___ Mich _____ (2022). The Court held that where a landowner engaged in farming prevails in an ordinance enforcement case under the RTFA, the municipality must reimburse the landowner for the landowner’s reasonable attorney fees and costs if the landowner requests reimbursement of such fees and costs. In the past, some Michigan courts have held that the reimbursement of attorney fees and costs to a prevailing farming landowner under the RTFA was discretionary with the court involved.