EARLVILLE – In 2007, the Village of Earlville updated a local law that prohibited non-domestic animals within the village. One man, Michael Kicinski, has spent the six years that have followed battling village officials for what he believes is his right as a tax-paying citizen.

One of the determining factors that led Kicinski to move his family to Earlville in 2003 was that he would be allowed to enjoy the benefits of a small agricultural community and keep chickens and rabbits for his own families' consumption. From 2003 to 2007, the Kicinski's raised their poultry without incident; until 2007, when former village mayor Toni Campbell informed the family that their chickens had to vacate the village within 30 days.

A series of tickets for violating the village’s new law were issued by the only village official with enforcement capabilities: Earlville Code Enforcement Officer Matthew VanHeusen.

Kicinski was then charged, brought before the village court, found to be in violation of the new local and fined, despite having been granted a variance by a former mayor and village trustees.

“I did everything by the books,” said Kicinski. “I applied for and received two variances on separate occasions by village officials so that there would be no issue with the law. I asked permission and it was granted – twice,” Kicinski said.

Kicinski would eventually bring the matter before the Madison County Appellate court, and the ruling of the village court was overturned at the county level. The position of the village maintains that Kicinski is still in violation of the 2007 law and that any variances granted under former administration allowing Kicinski to raise up to 120 foul was not legally binding.