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|Court of Appeals Holds Right to Farm Act Did Not Apply to the Denial of a Permit for a Field Driveway|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
December 20, 2013, previously published on December 17, 2013The Michigan Court of Appeals recently held that a road commission’s denial of a farm’s permit application for a field driveway did not implicate the Right to Farm Act (RTFA), MCL 286.471 et seq.
|No. 4 - Let it Snow, Let it Snow, Let it Snow...|
Mary E. Funk; Nyemaster Goode, P.C.;
December 19, 2013, previously published on December 18, 2013Along with the holidays, this time of year often brings winter weather issues for many employers. How do you handle weather related closings? What if your business remains open but employees cannot get to work? Do you pay employees under such circumstances?
|Farm Bill update|
McDonald Hopkins LLC;
December 13, 2013, previously published on December 6, 2013There are positive signs coming from lead negotiators on the farm bill conference committee that a deal could be reached early next year.
|Tennessee Whistleblower Must Report Illegal Conduct to Third Party, Tennessee Court Rules|
Jackson Lewis P.C.;
December 13, 2013, previously published on December 10, 2013An employee “whistleblower” suing for retaliatory discharge under Tennessee law must have reported the alleged misconduct to someone other than the person engaging in the alleged misconduct, the Tennessee Court of Appeals has ruled. Haynes v. Formac Stables, Inc., No....
|Since Last October 30, It Has Become More Difficult For Non-Residents to Acquire Agriculturally Zoned Lands Suitable For the Cultivation of the Soil or the Raising Of Livestock in Quebec|
Jules Brière; Lavery, de Billy, L.L.P.;
November 29, 2013, previously published on November 2013It is well known that, under the legal regime for the protection of agricultural lands, the acquisition of agriculturally zoned lands with a surface area of four hectares or more by a person not residing in Quebec is subject to the authorization of the Commission de protection des terres agricoles....
|New Fisheries Act Permit Rules Take Effect November 25th, 2013|
Katia Opalka; Lavery, de Billy, L.L.P.;
November 22, 2013, previously published on November 2013Last week, the federal government took a big step toward bringing the Fisheries Act (Canada) and its application into line with the federal government’s responsible resource development plan. On November 6th, 2013, the Government of Canada announced that November 25th is the date of coming...
|Our Water Is Going to Pot|
Morris Polich Purdy LLP;
November 12, 2013, previously published on November 6, 2013In Northern California, the marijuana cultivation business has increased at an astronomical rate in recent years. Pot plants are grown both on private and public lands with cultivation activities having a number of consequences: improper grading, terracing, damming, road construction,...
|PACA Claimant Could Not Establish PACA Trust Allowing for Payment in Full from Bankruptcy Estate|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
November 7, 2013, previously published on Fall 2013Suppliers of produce are afforded a non-segregated floating trust over property of a debtor that is derived from sales of produce pursuant to the Perishable Agricultural Commodities Act (“PACA”). Such a trust is recognized in bankruptcy and affords produce suppliers a priority in...
|Rocky Mountain Farmers Union|
Todd J. Guerrero; Kutak Rock LLP;
November 7, 2013, previously published on October 28, 2013In Rocky Mountain Farmers Union v. Cory, the United States Court of Appeals, 9th Circuit, reversed part of the lower district court’s decision that California’s Fuel Standard ethanol provisions violates the Commerce Clause of the U.S. Constitution.
|Business Succession Planning for Family Farms & Agribusinesses|
Gordon Feinblatt LLC;
November 7, 2013, previously published on November 2013Although Congress finally provided clarity regarding exemptions and rates for estate, gift and generation skipping transfer taxes, owners of family farms and agribusinesses still have to consider many remaining business succession planning issues. Owners of family farms and agribusinesses must...