> the lawsuit notes that the ordinance's wording still inherently runs afoul of due process rights. That's because the ordinance provides no clear standard, no ability for Sarkisian to appeal or contest her neighbor's complaint, and no right to a hearing. According to PLF's complaint, this effectively gives her neighbor "a standardless and unreviewable veto over Kathy's use of her own property."
NIMBY policy in a nutshell: All power goes to those who object.
It's strange that the city made the mistake of issuing the permit but is now trying to retroactively un-permit the chickens because one person complained.
Stories like this and even the more casual HOA stories make me glad I live in an area where most families are too busy with their lives to be nit picking minutia in their neighbors' yards.
cynicalpeace · 8h ago
> All power goes to those who object.
I see this all the time in the private sector where if just 1 person in a team objects to a decision, the team has to jump thru many hoops to make something barely reasonable happen
What happened to "just deal with it?"
I think it's viewed that those words are too cruel, or not nice. But actually, when you give up those words, you end up with a society far more cruel and not nice.
Volundr · 5h ago
I see the mindset you describe and I think it also hurts the ability to get feedback. People who don't feel strongly enough to want to be a roadblock if everyone else agrees will tend to silence themselves. Multiply this by the whole team and you get proposal -> crickets -> "if there are no objections I guess we move forward?", even though the whole team actually has reservations.
If there's someone on the team who really truly vehemently disagrees with a direction, the team would be well advised to give serious consideration before overriding that veto, but for normal soft-disagrement we really should normalize the idea that we don't need unanimity to more forward.
You'll never convince me spaces are better than tabs, but I consent to using them anyway.
mattigames · 8h ago
With a few cameras it's probably possible to automatically determine how noisy are people in any given neighborhood, "More than 50% of the people here spend more than 80% of their day at home", maybe there should be a standard measure for it, NIMBYness-meter.
tptacek · 8h ago
Really hard to over-emphasize just how small Douglas MI is; it's about 1,000 people total. An afternoon's walking distance down the beach from where they shot the ending of Road to Perdition, though.
I don't know how much there is to learn from batty ordinances in tiny rural towns (western Michigan is a special kind of rural; there's some farming, but the biggest industry is hospitality for Chicagoans driving up in the summer).
crooked-v · 8h ago
This is like a microcosm of all the NIMBY crap that's slowed housing construction to a crawl in every major US city. Neighbors get to object to things already explicitly allowed by law, a total lack of objective standards, ex post facto changes of standards...
elcritch · 8h ago
> Even if the city had followed the proper timing protocols for neighbor objections, the lawsuit notes that the ordinance's wording still inherently runs afoul of due process rights. That's because the ordinance provides no clear standard, no ability for Sarkisian to appeal or contest her neighbor's complaint, and no right to a hearing. According to PLF's complaint, this effectively gives her neighbor "a standardless and unreviewable veto over Kathy's use of her own property."
That’s a great way to frame the argument against Karens and NIMBYs general attitude. What right do they have to an unreviewable veto? They should at least have to prove something a public nuisance or or source of harm.
silisili · 8h ago
Chickens are so much nicer to have around than almost any other pet. They won't bark all night, or maul a child, or leave dead birds on your doorstep. Such a weird thing to get mad about.
> Sarkisian had spent $23,000 building a chicken coop and a privacy fence to shield the chickens from view
I'd like to get a look at all that, it seems extremely excessive for 6 hens. I think I spent just over 1k total for 18!
Nothing wrong with that, sounds like she either got took, or built them quite the palace.
VladVladikoff · 8h ago
The dogs in my neighbourhood are much louder than my chickens. Literally measured this with a decibel meter. I can hear the neighbours dog barking while I’m in my bed. I can’t hear my chickens.
bityard · 7h ago
> They won't bark all night, or maul a child,
I think you misunderstand, these are not things pets do, these are things that wild, abused and/or neglected animals do.
resist_futility · 8h ago
What do people have against chickens? Roosters should not be allowed but hens aren't loud or particularly smelly at all. Dogs can be a much bigger nuisance.
AlotOfReading · 8h ago
A former neighbor had chickens and didn't keep their coop properly secured. Coincidentally, the neighborhood raccoons were also the fattest, roundest animals I've ever seen.
cynicalpeace · 8h ago
Nature has a way of keeping things in check.
Government, not so much.
metaphor · 8h ago
> Roosters should not be allowed
Ironically, the article depicts the homeowner holding a rooster; I can see why a neighbor would be pissed.
Backyard hens are thing in my city (dancing around HOA is another issue altogether), but our ordinance makes it abundantly clear that roosters are not permitted.
cynicalpeace · 8h ago
"roosters should not be allowed"
Why? We have a rooster. He protects the hens. He crows in the morning, just like dogs bark, and F-250s rev past the neighborhood road. Where do you think chickens come from in the first place?
It's just another small step to say "hens should not be allowed"
dismantlethesun · 8h ago
Protects them from what may I ask? I live in a city where chickens are permitted, and my neighbors chickens are all roaming the streets free-range, and their greatest danger is cars which roosters can't stop.
TulliusCicero · 6h ago
I'd imagine cats would be an issue unless you live somewhere that just has no (outdoor) cats.
esseph · 6h ago
Cats
Hawks
Possum
Racoon
Coyote
Etc.
onionisafruit · 8h ago
> Sarkisian had spent $23,000 building a chicken coop and a privacy fence
That’s for six chickens. They must lay golden eggs for that to pay off.
TulliusCicero · 6h ago
It's generally more of a little hobby for people than an attempt to actually save money.
bitmasher9 · 8h ago
We should be encouraging people to produce food, not severely punishing someone for it. Do we need a campaign for a right to basic agriculture? This reminds me a lot of the right to repair, in that it feels like a violation of how we expect to be able to use our property.
BLKNSLVR · 8h ago
I read something recently, I think it was on HN or linked to from discussion, about something like the opposite. And it was argued something like national security over the price effect it could have on agriculture across state or national borders. Likely ridiculous, but may have had some semi-rationalising nuance. I would have thought the US, of all places, wouldn't be placing such restrictions on liberty.
I might be cross-linking a couple of different things though, so hold back that outrage.
But, yes, I agree. It would also give more people an understanding of what real (non-mass-produced, heirloom) fruits and vegetables taste like. And eggs (my better half regularly buys eggs from a student at the school, the same student also, every morning, tends to the school's vegetable garden with autistic dedication and attention). Meat is a bit more difficult.
Hands in the dirt is good for mental health too.
trollbridge · 8h ago
We do. Some parts of Maine have passed “right to raise food” laws.
BLKNSLVR · 8h ago
What was not allowed prior to these "right to raise food" laws?
Is it only about animals? Was there any restriction on vege patches?
protocolture · 8h ago
Reminds me of my dads town. The town planner from the regional council came through to ping him on having a gravel driveway, and to cause problems with his heritage listed property having humans living in it. While he was in town he found someone with 1 more chicken than the regional council allows (7 when they decided on 6). Never mind its a town of 40 people that's effectively a bunch of farmhouses placed together on the same stretch of highway.
zippyman55 · 7h ago
My first house was in a low cost area and I loved waking up to an illegal rooster crowing!
I am sure dogs are way worse.
cynicalpeace · 8h ago
I just built a chicken coop (nice building something with my hands) and I just put 7 chickens in there.
No asking for permission with the town because of course they'll have something bureaucratic and dumb thing to say.
We're on good terms with all the neighbors, and just mentioned the chickens in passing. Everyone was excited to get eggs. It was a neighborly project.
We live in small town Maine, where I guess we do things differently than in Michigan.
goldfishgold · 8h ago
I have no problem with backyard chickens but I do dislike this issue being used by libertarians as a wedge. Property rights shouldn’t be sacrosanct over and above reasonable restrictions by the broader community.
tptacek · 8h ago
That's true, but "neighbors have a veto over whether you can do X" is an untenable way to manage those property rights. A bigger city would codify limits on what you can do with waterfowl or whatever. Douglas doesn't even have a city attorney.
makeitdouble · 8h ago
The charitable take would be that chickens are otherwise forbidden, but having all your neighbors approval grants an exception.
Reading the article I wouldn't assume her city to be in that position, but the system itself can have merits depending on how it's deployed.
TulliusCicero · 8h ago
Exactly. It's nonsense to have a law that says, "you can do X on your property unless someone, anyone objects". Imagine if other laws all worked that way. Oh, you can drive whatever speed you want, unless someone else on the road with you has a problem with it!
Bjartr · 8h ago
You can, however, drive any speed you want on your own property.
Spooky23 · 8h ago
Not if your excessive speed is exacerbating my migraines and disrupting the sleep patterns of my cats.
Also, the dust thrown up by your excessive speed by vehicle is increasing particulate matter in the air, which may contain known carcinogenic compounds.
readams · 8h ago
And yet, if you tried it, you might find this often not as true as you might think.
chimpansteve · 8h ago
I guess it depends. There's been a major issue in the UK for a while regarding quite a few very iconic, decades old, live music venues. Back in the day they were in less salubrious areas of town so no one really cared, but now they're prime property with very expensive flats being put up all around them.
Many of the new residents never even do so much as even visit the area before buying them, and then immediately (and sadly often successfully) put in noise complaints attempting to get the venues shut down, despite the already strict licensing laws (curfew at 10.30 at the absolute latest, no outside drinking etc).
TulliusCicero · 8h ago
That's the kind of situation where I think both sides are kinda right. I see what you're getting at here, but from the other side, it's reasonable for people to be bothered by loud noise where they live. If it was gonna be a problem, the real answer is that the government shouldn't have permitted housing right next to places that are gonna stay loud. Or maybe mandated stricter soundproofing requirements for flats.
trollbridge · 8h ago
Except there’s always been housing around these music venues.
The problem is the housing went from affordable housing for working class people to “investments” for rich people.
TulliusCicero · 6h ago
In either case, people have a right to reasonable peace and quiet where they live. That this wasn't addressed when the neighborhood was more blue collar doesn't make it okay once it's not.
TulliusCicero · 8h ago
I can understand having restrictions against chickens in an area, but "you can do this unless a single neighbor objects" is a crazy way of handling it imo.
MiddleEndian · 8h ago
Yeah. The FDA exists for some level of food safety and that's fine over-all. even if they sometimes make mistakes in one direction or another.
But my neighbors can't randomly veto my lunch. That would be absurd lol
TulliusCicero · 8h ago
I don't see the issue you see here. It seems like the city fucked things up and is now penalizing the woman to cover up their own incompetence. One would think that any sensible person would object to this, not just libertarians.
umanwizard · 8h ago
The city fucked up by accidentally telling her she was allowed to have chickens when in fact she’s not.
TulliusCicero · 8h ago
Right, and if the neighbors have a problem with the city fucking up, that makes sense. The city should be punished for their fuckup.
The person who shouldn't be punished is the woman who only built a chicken coop after the city explicitly granted her permission.
umanwizard · 8h ago
She doesn’t have permission and never did. They accidentally told her she did. Now that she knows about the mistake she needs to get rid of her chickens. I’d support her being able to force the city to reimburse her for her costs but it’s ludicrous to say someone should be allowed to permanently do something illegal because at one point they were told it was legal due to a bureaucratic mistake.
TulliusCicero · 8h ago
> She doesn’t have permission and never did.
Yes she did. The city explicitly granted her permission. If they fucked up their own process, that's on them, not her.
> I’d support her being able to force the city to reimburse her for her costs but it’s ludicrous to say someone should be allowed to permanently do something illegal because at one point they were told it was legal due to a bureaucratic mistake.
So if someone constructed a high rise in Manhattan and after it was already finished, and NYC tried to say, "oh sorry turns out we gave you that building permit erroneously, we screwed up how we handled the permitting process, you'll have to take it down now", you'd think that was reasonable? 99% of people would think that was absolutely crazy if they tried to do that, unless there was an actual safety issue involved.
Spooky23 · 7h ago
The difference is in New York, you have article 78 rights to seek judicial review of virtually any government decision.
Spooky23 · 7h ago
She likely does.
If a board makes a procedural error over a matter it has clear jurisdiction of, it often results in a defacto variance. You usually end up with vested rights if you acted in good faith and made substantial investments.
The fact that board didn’t provide a grievance procedure and immediately moved to fine undermines their case.
trollbridge · 8h ago
The entire point of a permit is that you can do something and invest without worrying about the city later saying “oh sorry, you can’t do that”.
tptacek · 8h ago
Not really? Under the city's rules, she's not allowed to have backyard chickens. She's refusing to get rid of them, and recurring fines are how cities respond to that. (I'm aware there's a claim the city mismanaged its rules).
Spooky23 · 7h ago
That’s not quite accurate. There was a procedural failure where the city issued a permit while failing to follow its process.
It an internal control failure, and the permitee by all accounts acted in good faith.
TulliusCicero · 8h ago
Yes really? She got explicit permission from the city to raise the chickens, and then they tried to pull the rug out from under her later, after she'd already spent thousands on a chicken coop.
> The city claimed that it had forgotten to notify the neighbors of their right to object during the review process and had therefore done so retroactively.
Like lmao, that's not how due process works man. You can't tell someone they can build something, then go "oh whoops we fucked up, you can't build it after all" after they're already done and then punish them for it.
Imagine if NYC tried to pull this for a high-rise after it was already constructed. "Oh you already built it? Sorry man, turns out you're not allowed to put a building that tall there, you'll have to take it down. Oopsies!"
nemomarx · 8h ago
Yeah, I can see the neighbors having an issue with the city (failed to notify them) but the remedy should reasonably be between those neighbors and the city for losing an opportunity to object. Retroactively removing permission doesn't make sense.
cynicalpeace · 8h ago
Incurring your neighbor $200,000 in costs for having 7 chickens is a "reasonable restriction"
pfdietz · 8h ago
So, you can't accept when libertarians are right?
SanjayMehta · 8h ago
This must be an example of the rules based order we keep hearing about.
umanwizard · 8h ago
Uh… It sucks that the city didn’t correctly follow the process, but I agree with them on the underlying object-level point: you should not be able to raise loud, dirty animals in a non-rural area if your neighbors don’t want you to.
AngryData · 7h ago
This place is a tiny village, like 1,300 people, the problem here is likely someone from the city, maybe from Chicago, who moved to where they family use to own a summer cabin or launch boats out onto the lake, and then got pissed when they realized the locals grew up rural and didn't just do tourist things and like to raise animals like chickens. Ain't nobody from that town that hasn't regularly smelled chicken and cow shit and heard chickens cawing every morning their entire lives that would even notice they were there.
capyba · 8h ago
Chickens aren’t particularly noisy, especially relative to a “non rural area”, and any mess is contained within the coop.
dmoy · 8h ago
Is this not a rural location? I'm not sure what the definition is, but it's 10x lower population density than the city I grew up in, which isn't particularly dense.
NIMBY policy in a nutshell: All power goes to those who object.
It's strange that the city made the mistake of issuing the permit but is now trying to retroactively un-permit the chickens because one person complained.
Stories like this and even the more casual HOA stories make me glad I live in an area where most families are too busy with their lives to be nit picking minutia in their neighbors' yards.
I see this all the time in the private sector where if just 1 person in a team objects to a decision, the team has to jump thru many hoops to make something barely reasonable happen
What happened to "just deal with it?"
I think it's viewed that those words are too cruel, or not nice. But actually, when you give up those words, you end up with a society far more cruel and not nice.
If there's someone on the team who really truly vehemently disagrees with a direction, the team would be well advised to give serious consideration before overriding that veto, but for normal soft-disagrement we really should normalize the idea that we don't need unanimity to more forward.
You'll never convince me spaces are better than tabs, but I consent to using them anyway.
I don't know how much there is to learn from batty ordinances in tiny rural towns (western Michigan is a special kind of rural; there's some farming, but the biggest industry is hospitality for Chicagoans driving up in the summer).
That’s a great way to frame the argument against Karens and NIMBYs general attitude. What right do they have to an unreviewable veto? They should at least have to prove something a public nuisance or or source of harm.
> Sarkisian had spent $23,000 building a chicken coop and a privacy fence to shield the chickens from view
I'd like to get a look at all that, it seems extremely excessive for 6 hens. I think I spent just over 1k total for 18!
Nothing wrong with that, sounds like she either got took, or built them quite the palace.
I think you misunderstand, these are not things pets do, these are things that wild, abused and/or neglected animals do.
Government, not so much.
Ironically, the article depicts the homeowner holding a rooster; I can see why a neighbor would be pissed.
Backyard hens are thing in my city (dancing around HOA is another issue altogether), but our ordinance makes it abundantly clear that roosters are not permitted.
Why? We have a rooster. He protects the hens. He crows in the morning, just like dogs bark, and F-250s rev past the neighborhood road. Where do you think chickens come from in the first place?
It's just another small step to say "hens should not be allowed"
Hawks
Possum
Racoon
Coyote
Etc.
That’s for six chickens. They must lay golden eggs for that to pay off.
I might be cross-linking a couple of different things though, so hold back that outrage.
But, yes, I agree. It would also give more people an understanding of what real (non-mass-produced, heirloom) fruits and vegetables taste like. And eggs (my better half regularly buys eggs from a student at the school, the same student also, every morning, tends to the school's vegetable garden with autistic dedication and attention). Meat is a bit more difficult.
Hands in the dirt is good for mental health too.
Is it only about animals? Was there any restriction on vege patches?
No asking for permission with the town because of course they'll have something bureaucratic and dumb thing to say.
We're on good terms with all the neighbors, and just mentioned the chickens in passing. Everyone was excited to get eggs. It was a neighborly project.
We live in small town Maine, where I guess we do things differently than in Michigan.
Reading the article I wouldn't assume her city to be in that position, but the system itself can have merits depending on how it's deployed.
Also, the dust thrown up by your excessive speed by vehicle is increasing particulate matter in the air, which may contain known carcinogenic compounds.
Many of the new residents never even do so much as even visit the area before buying them, and then immediately (and sadly often successfully) put in noise complaints attempting to get the venues shut down, despite the already strict licensing laws (curfew at 10.30 at the absolute latest, no outside drinking etc).
The problem is the housing went from affordable housing for working class people to “investments” for rich people.
But my neighbors can't randomly veto my lunch. That would be absurd lol
The person who shouldn't be punished is the woman who only built a chicken coop after the city explicitly granted her permission.
Yes she did. The city explicitly granted her permission. If they fucked up their own process, that's on them, not her.
> I’d support her being able to force the city to reimburse her for her costs but it’s ludicrous to say someone should be allowed to permanently do something illegal because at one point they were told it was legal due to a bureaucratic mistake.
So if someone constructed a high rise in Manhattan and after it was already finished, and NYC tried to say, "oh sorry turns out we gave you that building permit erroneously, we screwed up how we handled the permitting process, you'll have to take it down now", you'd think that was reasonable? 99% of people would think that was absolutely crazy if they tried to do that, unless there was an actual safety issue involved.
If a board makes a procedural error over a matter it has clear jurisdiction of, it often results in a defacto variance. You usually end up with vested rights if you acted in good faith and made substantial investments.
The fact that board didn’t provide a grievance procedure and immediately moved to fine undermines their case.
It an internal control failure, and the permitee by all accounts acted in good faith.
> The city claimed that it had forgotten to notify the neighbors of their right to object during the review process and had therefore done so retroactively.
Like lmao, that's not how due process works man. You can't tell someone they can build something, then go "oh whoops we fucked up, you can't build it after all" after they're already done and then punish them for it.
Imagine if NYC tried to pull this for a high-rise after it was already constructed. "Oh you already built it? Sorry man, turns out you're not allowed to put a building that tall there, you'll have to take it down. Oopsies!"