The Michigan Court of Appeals recently decided the case of James Township v Rice (unpublished opinion dated May 27, 2021; Case No. 349558; 2021 WL 2184101). The decision involved municipal civil infraction tickets for a nuisance. The defendant asserted that his uses were protected by the Michigan Right to Farm Act (the “RTFA”). Neither party prevailed in full at the trial court level. Although the RTFA contains an attorney fees and costs provision in favor of a landowner who is farming or engaged in protected agricultural activities, the trial court declined to award the defendant landowner any attorney fees. On appeal, the Michigan Court of Appeals indicated that the award of attorney fees to a prevailing farm or agricultural landowner is optional by the trial court involved and is not mandatory. MCL 286.473b utilizes the word “may” and not “shall” with regard to the award of attorney fees and costs.