GAYLORD -- A battle over a Gaylord man's illegal deer feeding case will continue in court.
The State of Michigan successfully appealed an Otsego County district court's decision to dismiss the illegal deer feeding case against Ken Borton. Borton was charged with illegally feeding deer from bird feeders. Borton said he just wanted to feed birds.
A DNRE conservation officer investigated Ken Borton in 2009 after receiving complaints from the public about Borton's webcam, which showed deer frequenting his bird feeders. Borton was cited by the DNRE for illegally feeding deer.
The 46th Circuit Court vacated the district court’s April 2010 opinion that the State's deer feeding ban in the Lower Peninsula was "unconstitutionally vague," ruling that the district court came to that conclusion incorrectly by failing to examine the facts specific to the case. However, after the circuit court ruling was made, the Otsego County prosecutor dismissed the case.
In the latest move last week, the Otsego County Circuit Court ruled that the ruling by the District Court judge is invalid and the case must be re-heard.
"The baiting and feeding ban in the Lower Peninsula is an important measure in protecting the state's deer and elk herds from the spread of disease, and keeping wildlife healthy for the next generation of hunters and recreational wildlife viewers," said DNRE Director Rebecca Humphries.
The DNRE reminds hunters and recreational wildlife viewers that the baiting and feeding ban is in effect throughout the Lower Peninsula and was not repealed or rescinded in any way relative to this case. For more information on the baiting and feeding ban, go online to www.michigan.gov/hunting.
