A Beverly Hills family may keep their chickens after the Oakland County Circuit Court ruled the village’s ordinance prohibiting farm animals and non-domesticated animals was “unconstitutionally vague.”

Judge Kwame Rowe declared the ordinance void. It specifically allowed 11 animals, such as cats, dogs and others that are “similar” and “commonly kept as pets.”

Damon and Racheal Hrydziuszko had kept about a half dozen chickens in their garage since 2021. A neighbor later complained about the animals and the village issued a citation, according to their attorney, Andrew Hubbs.

The couple challenged the ordinance by appealing to the village’s Zoning Board of Appeals. The ZBA ruled against them last September, arguing that chickens are farm animals. The couple filed an appeal with the county circuit court.

Rowe said in his ruling last month that the ordinance was vague because it did not define “similar” and “commonly kept as pets.”

Hubbs said the ZBA members, when considering the case, debated amongst themselves about what “commonly kept” meant.

He said Royal Oak and other nearby cities allow backyard chickens.

“The notion of a chicken as a commonly kept pet, even in an urban or suburban area, is a fair point,” he said.

“This is a cause that’s very meaningful to them,” he said of the Hrydziuszko family.

Rowe said in his ruling that government “may not deprive a person of life, liberty or property” without due process.

Attorneys for the village could not be reached for comment.

Other Oakland County cities that prohibit or strictly limit chickens are taking another look at their ordinances. The Farmington Hills City Council, for example, recently directed the city manager to research the issue and report back.