A provincial court has laid an egg on the plans of a Halifax man to keep chickens as pets on his residential property.

But Trevor Smedley said the court did not answer the central question of whether chickens are allowed in residential areas.

"He didn't answer the question that we wanted," Smedley said. "I mean, he didn't say you're not allowed to have chickens in a residential zone because that question wasn't properly before him. So I'm disappointed that that question wasn't there. I wish it was and that we could have had an answer."

A trial judge had convicted Smedley of keeping chickens in a building at his home in contravention of a city bylaw. Smedley had argued during the trial earlier this year that there's no real difference between a chicken and a rabbit kept as pets.

Provincial Supreme Court Justice Joseph Kennedy said he agreed with the trial judge, that by definition, chickens are fowl and, according to the bylaw, could not be kept at Smedley's home.

But Kennedy did not rule on a second charge dealing with the general question on whether people can keep livestock in a residential zone because that charge had been stayed by the municipality.

Smedley said that question will likely end up back in court.

City prosecutor Josh Judah said the decision is unfortunate for the family's pets. But he said justice was done.

"If in fact he was found not guilty, that means you could have livestock in any residential zone. You know, I could have a horse in my backyard on the peninsula. It's clearly something that the people of Halifax don't want. "

Judah said Smedley should have taken the matter up with community council if he had wanted the bylaw changed.

Smedley is being allowed to keep his last chicken until August of 2009, when he and his family will be moving to Boston. Smedley said he has already removed all but one of his 13 pets.

As for his remaining chicken: "She's Fanny, she's a pet, I mean when you move you take your pets."

With files from the Canadian Press