Can a local municipality enact a decree or law which is in direct contrast to state and federal law?

UPDATED: Apr 12, 2012

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Can a local municipality enact a decree or law which is in direct contrast to state and federal law?

The USDA states that a potbelly pig is a domesticated pet or companion animal and not livestock. The state applies sales tax to the sale of potbelly or miniature pig feed whereas feed sold for the raising of livestock is exempt from sales tax. Thus giving the impression that the state considers potbelly pigs to be companion animals as well and not livestock. Can a city within the state enact a decree or law that states potbelly pigs are to be considered livestock and are therefor banned from being owned as a pet or companion animal?

Asked on April 12, 2012 under Real Estate Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Can they?  Yes they can as long as it was legally enacted.  Can you challenge the law to at least have your pig "grandfathered" in?  Yes, you can.  And you can challenge it - possibly - based upon the federal and state guidelines.  What will happen is the courts will have to make a determination as to the conflict and will either uphold the City's right or strike the law down.  Could be expensive.  Good luck.

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