Michigan Brothers Fined $450,000 For Removing Trees On Their Own Property

Two brothers in Michigan wanted to turn part of their 16-acre property into a Christmas tree farm, so they started work clearing the land and planting new evergreen trees. They cut down an estimated 1,400 trees, which got Gary and Matt Percy in trouble with Canton Township officials, who say the brothers ignored a requirement to get a permit for the work. The Percys were also required to replace the downed trees before they were removed. 

The brothers were originally told they would be fined $700,000 but local officials said Matt and Gary could settle the dispute by paying $450,000. The brothers' attorney, Michael Pattwell, told MLive.com that they did not need a permit because of "a farming exemption in the local tree removal law."

"This case is about misguided overreach," Pattwell said. "It is unavoidably about whether people who own property are allowed to use it... We contend the Percy brothers exercised a farming exemption in the local tree removal law to clear the historic pasture behind their business and develop a Christmas tree farm."

The brothers also dispute the number of trees the township claims they removed. The township said that they removed nearly 1,400 trees, a figure they estimated by comparing the Percy's land with a similar nearby property. The Percy's claim that many of the trees were actually invasive plants.

"Canton Township defines 'trees' as 'any woody plant with at least one well-defined stem and having a minimum diameter at breast height of three inches.' The Percy parcel was used historically by a local farmer for dairy pasture, so much of the vegetation on the parcel was invasive buckthorn, scrub brush and dead ash trees."

Despite the hefty fine, the brothers plan to continue with their plans for the Christmas tree farm. They have already planted around 1,000 evergreen trees and hope to plant an additional 1,500 in the near future.

Photo: Getty Images


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