My Yule/Christmas Tree

Victory in Michigan! Shady Grove Farm Protected by Right to Farm Act

 
These farmers are practically my neighbors since they live only a few miles from me.  I've been following this case for some time and the Judge's decision was the best Christmas present--not only for the Buchler family, but for all of us small rural and urban farmers in the State of Michigan.

Here's the link to the article:   http://www.farmtoconsumer.org/news_wp/?p=3369

Falls Church, Virginia (December 19, 2012) — Fund members Randy and Libby Buchler of Shady Grove Farm learned today that their farming operation in Forsyth Township, Michigan can continue. Judge Thomas L. Solka of the Marquette County Circuit Court ruled that “because defendants’ farm . . . is protected from nuisance suits under the Right to Farm Act plaintiff’s request for an injunction closing the farm is denied.” [See Solka opinion, p.16]

The Right to Farm Act was invoked as a defense when the family farm was sued by Forsyth Township for having approximately 150 chickens and 8 sheep on their 6.5 acres; the Buchlers sell eggs and wool produced on the farm. Because the area where they farm is not zoned for agriculture, the township sought an injunction to halt the farming activities. The judge held that the Right to Farm Act controlled over the township zoning ordinance.

The Buchlers greeted the news with smiles and hugs and vowed to “keep on providing food for our family and the community. That’s all we’re trying to do here. We are really grateful for all of the support we’ve received from the local community, farmers across the country, and the Farm-to-Consumer Legal Defense Fund.”

The Fund retained lead counsel Michelle Halley of Marquette to represent the Buchlers; Fund board member and attorney Steve Bemis of Ann Arbor served as co-counsel in the case.
The Buchlers’ attorney, Michelle Halley said, “Judge Solka’s opinion is spot-on and well-reasoned. He applied the law as written; this case really was that straight-forward. This decision is a victory for the Buchlers and farmers across Michigan.”

Michigan’s Right to Farm Act contains a broad and clear edict stating that commercial farms that conform to applicable Generally Accepted Agricultural and Management Practices (GAAMPs) are not subject to nuisance suits. The Act was further amended and took effect in 2000 to make its preemption of local zoning even more clear.

This use to be my playground....

Growing up in Green Bay, Wisconsin, my neighborhood boundaries extended not only blocks, but several miles in every direction from my front yard and like any kid, I had my favorite hang-outs where I spent a great deal of my childhood and teen-age years.  Colburn Park is one of those places.  I can still close my eyes and physically experience the joy of the warm wind and sun on my face and the thrill of riding my bike at demonic speed along the wooded dirt path to get to the pool where I became an almost permanent fixture during those endless days of summer.

I drove home to Green Bay this past Wednesday to attend the funeral service for my Aunt Myrt who died on October 5th at the age of 92.  Before heading over to my mom's apartment, I decided to take a nostalgia tour.  First on my itinerary was the street I grew up on (I refuse to take pictures of my old house...the most recent owners cut down my beloved Maple Trees and every other living thing that grew there).  I then retraced the one mile route I use to walk every day to Saint Joseph School where I attended first and second grade and my Aunt Myrt had been employed as a teacher for many years.

I continued west on Ninth Street--past the Southwest Branch of the Brown County Library and the old brick building where we use to get ice cream cones, but is now home to an upholstery shoppe and several apartment units.  After several more blocks I came to my ultimate destination...the place I had loved since I was a little girl but probably hadn't stepped foot in for more than 20 years.  But like the best of old friends, the instant we were reunited, it was as though we had never been apart.  We just picked up the conversation right where we had left off without skipping a beat.   

I had the entire place to myself...it was peaceful and had that eerily beautiful and haunting quality that only a sunny Autumn day can evoke.  My only companions were the birds singing from their high branches and the scampering squirrels as they darted from one Oak tree to the next collecting their stash of acorns for the long, cold winter months ahead.  The dirt path I had once walked and rode my bike upon had long since been paved over, yet everything else felt exactly the same as I'd left it.  I had only meant to stay a minute or two, but wound up following the path through the entire park until I reached the pool. 

The high dive is gone and the pool is smaller than I remember it, but isn’t that how it always goes?  Getting caught up in the current of childhood memories can be the happiest of time travel, but they are susceptible to distortion when viewed through an adult lens.  Of course everything seemed grander in scale when we were kids not just because of our size, but because our world was so much smaller back then, more insular.  My close-knit family, friends, and beloved pets wrapped me up in a cocoon of love and security.  My main concerns revolved around school and homework, socializing and music, and praying that my inevitable, headlong tumble into first love would be the kind to last (it didn’t).

I could have spent the rest of the afternoon rambling happily through the park, but it was time to go.  As I reluctantly turned around to retrace my steps back to the parking lot, I was struck with the unmistakable feeling that I wasn’t alone anymore.  In that one, perfectly clear moment, I caught a glimpse of myself--the scrawny tomboy of a kid I use to be with braces and scraped knees-- flying up the path with total freedom and abandon.  I was greeted by the laughter of old friends, all of whom I still love without question, but have lost contact with over the years.  I was caught up in the embrace of my grandparents who died when I was six years old, and comforted by the familiar and loving presence of my Daddy whose sudden death has left a void in my life for almost 26 years.  They were gathered around me so close that maybe, if I had just reached out my hand, I could have touched them all again.

Autumn in my backyard

As I write this journal entry, I am 14 days away from celebrating my 44^th birthday, and falling more and more in love every day with my small acreage of property that is  surrounded by woods and slowly being overrun by gardens and animals.  Every day I wake up, wishing I could find a way to make that my daily reality instead of the typical 40+ hours stuck behind a desk and computer screen each week.  I’m not ungrateful for any of it—I know I’m lucky to even have a job in this economy, but that doesn’t invalidate my feelings.  I know that I have been blessed in countless ways, but I can still dream and long for something different.   

Some people panic over an impending birthday, but I consider each one a gift.  I’m grateful to have reached this age.  My birthday doesn't affect me in a negative, “oh my god I’m getting sooooooo old!” kind of way and I've never felt compelled to lie about my age either (okay—maybe when I was under 21 and trying to sneak into bars).  I'm well aware of the unwritten societal rules--the ones that insist on pigeon-holing people into neat, easy categories, complete with a laundry list of "thou shall and shall nots" based on age, income bracket, gender, race, religion, etc.  Well, you get the drift... 

But I really don’t feel any different than I always have—I’ve matured obviously, have some great and not so great experiences under my belt, and I certainly don’t take life for granted anymore.  I’m much more patient and understanding, but my tolerance for bullshit is almost non-existent. 

My age doesn’t define who I am, nor does it dictate what I should or shouldn’t do.  Peace Pilgrim started her 28 year walking pilgrimage at the age of 44—when the majority of people are getting more settled in their lives and even starting to contemplate retirement.   All of my friends have kids—my best friend of thirty-years celebrated the birth of her first grand-child over four years ago.   Yes, priorities change with age, but that isn’t an excuse to start applying the brakes as far as I’m concerned, because in my case, I’m just getting started.