A criminal case against a Fenton Township couple charged with a misdemeanor for illegal possession of chickens at their Fenton Township home last July has been dismissed after compliance with township zoning laws.

"We had a neighbor complain and the neighbor complained that my clients had chickens and that this was a residential area and that it was not a farming area and shouldn't have chickens" said defense attorney Mike Manley according to ABC 12. Watch video here of the couple's fight to keep backyard chickens.

Manley had argued that the zoning ordinance of what is considered a household pet was too vague and the ordinance should be declared unconstitutional. The judge did not declare the ordinance unconstitutional but rather said the case could go to a jury trial.

After the judge indicated he would have ruled differently had the chickens been under the roof of the home, the couple decided to build a coop in their basement with an opening leading outside.

 

The case was dismissed last week.

 

 

 

Source: ABC12 WJRT