A circuit court has vacated a district court's ruling that a ban on feeding deer in the Lower Peninsula was "unconstitutionally vague" in a case against a Gaylord man.
The 46th Circuit Court has ruled that the lower court failed to examine facts specific to the case against Ken Borton, and that the ban on feeding deer remains in effect.
Borton was cited in 2009 for illegally feeding deer from bird feeders. Borton has said he only was trying to feed birds.
Defense attorney Paul Slough said Wednesday that a prosecutor dismissed the charge against Borton last week after the original ruling was sent back to district court.
Slough says the state law on deer feeding "is just not clear."
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