COLDWATER, MI (WTVB) – Branch County District Court Judge Brent Weigle has ruled that a compost site on M-86 near Hodunk Road is in violation of Batavia Township’s zoning ordinance and he has ordered the site to be cleaned up by March 1.
The township took Cornelius Farms and Fred Cornelius to court last summer claiming the alleged commercial composting was not permitted in an agricultural district. The township also complained about the “obnoxious odors” which according to the plaintiff constituted a nuisance.
The defendants maintained that the Michigan Right to Farm Act preempts the local zoning requirements and therefore precludes a nuisance finding.
The judge’s nine page ruling came after a formal hearing was held on December 8, 2020.
Weigle ordered the defendants to remove the materials from the site and that they no longer will be allowed to retain compost matter, solid waste, food processing remnants, animal waste products or any other manufacturing by products on the property. No additional such product of any kind will be allowed according to the order.
The defendants were ordered to maintain the property in full compliance with the Township Zoning Ordinance. If the order is disobeyed, the defendants could be held in contempt of court.
The Township was granted the right to conduct an inspection of the property on March 2.
Healthy compost shouldn’t have a bad odor. https://www.hobbyfarms.com/stop-the-smell-5-reasons-your-compost-stinks/