Barn ban: Ingham farmer clears first legal hurdle

A farmer in Ingham County is one step closer to his dream of building a barn after a judge granted a preliminary injunction against a construction moratorium imposed by Alaeidon Township.

Township officials debated how to stop construction of a farmer’s barn, then passed a nine-month moratorium on all new farm structures days after a zoning appeals panel backed the project, according to internal emails Michigan Capitol Confidential obtained through a Freedom of Information Act request.

But Ingham County Circuit Court Judge Morgan E. Cole has issued an injunction to prevent the moratorium from continued effect while the issue is decided by the court.

The injunction states that court found Ingle would be irreparably damaged if the injunction were not granted, adding that the plaintiff is likely to prevail on the merits of the claims.

Ingle, owner of Benedictus Farm and a full-time teacher, applied earlier this year for a zoning permit to build a barn on his property. Zoning Administrator Steve Lott denied the permit on April 11, citing rules that bar accessory buildings in front of a residence. Ingle appealed, arguing his barn qualified for an exemption.

Records reviewed by Michigan Capitol Confidential show township officials also questioned whether Benedictus Farm is a “commercial” operation because most of Ingle’s income does not come from farming. At the same time, emails acknowledge that farm buildings in front of a primary dwelling are exempt under local energy zoning ordinance 20.11.

Before the Zoning Board of Appeals met on June 2, trustees circulated emails proposing questions for Ingle that probed his agricultural credentials and business activity, including whether he belonged to farming organizations and what “training or education” he had in producing livestock and food products. One email noted a search for his online presence: “No Facebook page. Web site gets 404 error.” Planning commissioner Rebecca (Becky) Lott cautioned colleagues against invasive inquiries, citing the state Right to Farm Act and Generally Accepted Agricultural and Management Practices. “I think what we should focus attention back to is, not disputing his claim of being a farmer,” Lott wrote, urging the board to address only the placement issue.

Meeting minutes show the appeals board recommended approval on June 2, aligning with Ingle’s position that a bona fide farm structure is exempt from the front-yard restriction. Ingle’s attorney, Peter Ruddell, said the appeals authority’s approval “should have been binding.”

Within a week, however, the township board adopted Ordinance 2025-03, imposing a nine-month moratorium on all new building construction — including temporary structures and lean-tos — to “assess environmental impact.”

Emails and minutes tie the measure directly to Ingle’s case. Under the agenda item “Moratorium of Township Regulation of farm structures,” Trustee Matt Oesterle referenced “a recent ZBA action” on a pole-barn application as prompting a broader review. Ahead of a June 16 meeting, Trustee Beth Smith suggested including the June 2 ZBA minutes “so they have some perspective on the Moratorium.”

After the vote, the township served Ingle with an order to cease construction, which documents indicate was already well underway. FOIA records also show that another resident’s request earlier this year for a variance to place an equestrian barn in front of a home was granted without comparable scrutiny.

Ruddell argues the moratorium violates the Right to Farm Act, noting local officials cannot deny farm structures over environmental concerns or building-code issues because those are handled by state agencies. “It is interesting the amount of attention focused on Mr. Ingle, when the township approved a much larger barn closer to the road just months earlier,” he said in an email.