MARQUETTE -- Five different sporting swine farmers brought their case against the Department of Natural Resources Invasive Species Order in Marquette Circuit Court.
The Invasive Species Order says wild boar is illegal in the State of Michigan. Officials say any facility that is found with prohibited feral swine can face criminal charges.
Farmers are filing a motion saying the order is unconstitutional. The plaintiff's attorney, Joseph O' Leary, says the way the order classifies and describes different types of wild boar is vague.
"External body measurements, tail length, head body length, foot length, ear length. What are we talking? Ten inches, two inches, six inches, twenty-two inches? It doesn't tell us," said O' Leary.
Assistant State Attorney Danielle Yokom says the Russian boar are distinct because they have bristle tip coloration and dark dorsal regions. Yokom says Russian boar is listed as an illegal invasive swine.
"The statute isn't vague as applied to them. Russian boar are unquestionably covered by the order. Each of these plaintiffs have admitted they possess these animals," said Yokom.
Officials say if anyone is found in violation of the order, they can face criminal charges.
Testimonies wrapped within two hours. If the judge rules the order is unconstitutional, it's unenforceable.
Due to the complexity of the case, Judge Thomas Solka continues to review the documents. He did not make a ruling from the bench on Monday but says he will reach a decision in 30 days.
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