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Judge Orders DNR to Leave Farmer Alone ~ After 2-Year Court Battle Baker’s Pigs Now Legal

http://www.farmtoconsumer.org/news_wp/wp-content/uploads/2013/07/Baker_Hogs-DSCN1136-300x277.jpg

DNR counter-sued Baker, and until recently, was seeking fines of $10,000 for each of the 70 “illegal” pigs the department claimed the farmer had. DNR also sought a court order to destroy the pigs. On February 26, 2014 DNR reversed its position and suddenly the pigs the department sought to condemn were now legal.

by admin on March 4, 2014

FOR IMMEDIATE RELEASE
Lake City, Michigan—(March 4, 2014 – Globe Newswire)—Two years after suing the Michigan Department of Natural Resources (DNR) over the legality of its swine Invasive Species Order (ISO), Mark Baker is now free to raise and sell his hybrid heritage breed pigs. In a February 26, 2014 hearing, less than two weeks before a scheduled March 11, 2014 trial date, DNR backed off its prior position that Baker’s pigs were illegal, in order to avoid the lawsuit trial.

During the hearing Assistant Attorney General Harold Martin stated to Judge William Fagerman that Baker’s Russian boar hybrids do not violate the ISO. With the pigs’ legality no longer in dispute, the judge granted the department’s motion to dismiss Baker’s lawsuit. Even though Baker’s pigs are now legal, he lost the opportunity to challenge the constitutionality of the ISO for more than 2000 other Michigan heritage breed hog farmers. The judge dismissed the case with prejudice, meaning the DNR cannot take any future action against Baker for the pigs he is now raising on his farm.
http://www.farmtoconsumer.org/news_wp/?p=14725

“Feral Gov Attacks Family Farm”

http://youtu.be/2vSuRrGDlaI
posted on YouTube by The AlexJonesChannel

Published on Feb 25, 2014
We talk to Mark Baker of Baker’s Green Acres, a family farmer who has been under attack for almost 3 years from factory farms using their political clout to shut down their competition from small family farms that raise a premium product.

In December 2011, the State of Michigan declared heritage pig breeds that had been raised by farmers for decades to be ‘feral’ pigs. The designation was based simply upon physical description, not upon the behavior of the pigs or health issues with the meat. In fact, Mark Baker raises his pigs in a way where they can free range on his farm getting exercise and sunshine just like grass fed beef or free range chickens.



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AWESOME NEWS

I've been following this story for sometime now and I am so happy to hear that at least 1 farmer can claim a victory. Mark Baker is a hero.

"All tyranny needs to gain a foothold is for people of good conscience to remain silent."
Thomas Jefferson

The DNR

wants to maintain their tactic of harassing each farmer the same way they did Mr. Baker. Knowing most farm families can't afford the financial or the stress of threats. I hope the support of the consumer and this legal defense can CRUSH this fascist operation.

I'm very impressed with them so far!!!

NOSHEEPLE

Now Hear This ...

Dismissed with prejudice ... huh ... where have you heard that before? There will be no case citation recorded in any journal that can be referred to for a future citation. People say show me the case where a court has said _____________. A dismissal with prejudice against a complaint is a win.

What does dismissed with or without prejudice mean?

A friend just had his traffic ticket dismissed without prejudice mean? He wants to be paid for his time off work to attend this bogus trial. Everyone, learn the difference between travelling and driving, and never ever pay a traffic ticket. Take it to court and WIN!

Basically,

Dismissed with prejudice means they can't come after you again for the same thing (ie. accuse/prosecute). Dismissed without prejudice means the opposite.

Not being tried twice for the same thing does not equal not being accused/charged twice for the same thing if it was never tried the first time.

I doubt he is going to get paid for time off but if there is any possibility of that happening I would speculate it could only happen in a federal court in some kind of malicious prosecution case where it can be demonstrated a prosecutor knowingly did wrong doing by prosecuting. If it ever made it on the docket the upside is ... ignorance of law is no excuse. :)

Activism and internet scores

Activism and internet scores one for liberty!

I think this video had to do with the adjournment. It needs to go viral. The assistant to the Michigan Attorney General verbally harasses Mark Baker over his First Amendment Right to make films, which you should check out on his channel to learn how everything played out. http://www.youtube.com/user/bakersgreenacres?feature=watch

The Attorney then made himself look stupid by trying to 'man up' to the crowd, who just berated him for his defense of this ridiculous process, and his past actions.


http://youtu.be/ad9GMKdswj0

Also, most recent video by Mark Baker


http://youtu.be/2kUuwI12GFU

BJ jr.

Looked like he was "served" after he was told to "turn around" by the guy right behind him. "say it to my face" he said,,, well the guy said it,,, "IN YOUR FACE" punk a$$

NOSHEEPLE

TwelveOhOne's picture

Wow great video

Apparently there are others (videos that is), as alluded to by the statist at the beginning. Typically, his behavior matches a statist: he is arrogant, interruptive, combative, dismissive, and quite frankly if he's trying to take livelihoods away from The People, he should be concerned for his safety, as the judge warned him when he called him on his cell phone and told him to turn around and not show up for the previous hearing.

What a maroon. Loved the Looney Tunes song at the end!

I love you. I'm sorry. Please forgive me. Thank you.
http://fija.org - Fully Informed Jury Association
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Debbie's picture

Fantastic! Great job Farm to Consumer Legal Defense Fund!!

And great job Farmer Baker, for not backing down like most of the other farmers did. I hope they learned from you to take a stand!

Debbie

Great news!

Thanks for posting. The lowlifes backed down right before trial. How scummy. Michigan Department of Natural Resources = Pond Scum.

Now, back to farming...

What CUTE pigs!!

If they were mine, I'd have to become a vegetarian, because I couldn't kill them. They're TOO CUTE! :)

Debbie's picture

They are really cute!!

I agree!

Debbie

Finally a positive

Pig story!

They probably backed off

They probably backed off because they thought there was a good chance they could lose.

To climb the mountain, you must believe you can.

It sounded like

they wanted to avoid the 2000 united farmers and their united financial support by consumers.

NOSHEEPLE

Yes, they didn't want it going to the U.S. Supreme Court.

Or someone didn't, anyway.

When we try to pick out anything by itself, we find it hitched to everything else in the Universe.
~ John Muir

Good for Hog farmer Baker

This is real pork meat at it's best.
Bring back all the old breed hogs and I'll buy pork again!

I hope all the other farmers that have heritage breeds, be it hogs, sheep, goats, cows will press on with the fight against
"Patent meat" Corporations.

NOSHEEPLE