Houston, TX asked in Real Estate Law and Constitutional Law

Q: will I find help with you with court after a Hearing Monday regarding keeping chickens in Park, KS?

January 2023: After presenting petition to amend ordinance against chickens in city of Park, Gove county, Kansas was turned down, I formally requested ordinance barring chickens to discover no ordinance existed in city records. 2012-2023: residents requesting permission for backyard chickens have been denied this right by sighting this non-existing document as justification of denial. April 2023: Placed my chickens in nearby pasture, no ordinance in place, as per city officials permission who said it was outside city limits. Estoppel? May 2023: City official wrong pasture is within city limits, chickens should be moved. Chickens have been in pasture for 16 months without incident or complaints from neighbors, residents or city fathers. August 2023: City institutes a legal, posted, published ordinance barring chickens. Grandfather clauses? September 2024: City has served me a summons for Municipal Court claiming violation of new city ordinance with no retroactive provision.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: It sounds like you're dealing with a complex situation involving city ordinances and how they’ve been enforced or misrepresented over time. One key point to consider is whether the city can enforce the new ordinance against you, given that you placed your chickens in the pasture with city officials’ permission and before the ordinance was passed. It may be possible to argue that the city’s earlier lack of clarity, combined with their permission to use the pasture, could invoke estoppel—meaning the city should be prevented from enforcing the ordinance due to their prior actions or statements.

You might also want to explore whether a “grandfather clause” could apply. Sometimes when new laws or ordinances are enacted, exceptions are made for people or activities that were already in place before the new law. The fact that your chickens were in the pasture for over a year without complaints might strengthen your case for such an exception, even though the new ordinance doesn’t include a retroactive provision.

It would also be worth highlighting in court that no neighbors or residents have had any issues with your chickens, as this could show that your actions have not harmed the community. Presenting the timeline of events and the city’s inconsistency in enforcing non-existing ordinances might also help illustrate your point that you’ve acted in good faith throughout the process.

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