Under Michigan Right to Farm Act, if a farm operation causes noise and odors but is legal, what can the association do?

• A. File a nuisance lawsuit
• B. Seek an injunction
• C. Nothing
• D. Prohibit farming by local ordinance

Answer: (C)

The important idea here is that the Michigan Right to Farm Act protects lawful farming operations from nuisance challenges. If a farm is operating legally and in compliance with Generally Accepted Agricultural and Management Practices (GAAMPs), it is immune from nuisance lawsuits. So even if there are noise and odor issues, the association cannot sue for nuisance, seek an injunction, or use local ordinances to stop or restrict the farming. The only time the association would have a remedy is if the farm were not complying with GAAMPs or otherwise outside the Act’s protections. In this scenario, nothing can be done under the Right to Farm Act.