Three times farmers asked East Lampeter Township to include their properties in an agricultural security zone.
Three times they were denied.
Next week, a lawyer for 11 of the farmers will tell a county judge that East Lampeter Township has treated them unfairly and should approve their petition.
Judge Louis J. Farina will hear the oral arguments in a closed proceeding in his chambers at 2 p.m. Friday, June 6.
The farmers meet government criteria for establishing a security area in that they have viable farms on high-quality soil, and their operations are consistent with the township's comprehensive plan, according to their lawyer, James Tupitza of West Chester.
Officials must disprove one of those requirements before they can legally deny a petition for an ag security area, he contends.
"We feel supervisors shouldn't be overruling the state," Tupitza said today.
But three supervisors — Glenn Eberly, David Buckwalter and Roger Rutt — contend that zoning ordinances and right-to-farm laws already protect agriculture in the township.
Also, an ag security area near routes 30 and 23 might pose planning problems, they said.
In November, they voted against a proposal to put 13 farms, totaling 788 acres, in an ag security area.
Supervisor Michael Landis voted for the area. Former supervisor Wil Sollenberger was not present to vote.
East Lampeter supervisors also struck down measures to create an ag security area in 2004 and 1996.
Land in an ag security area is harder to condemn for government purposes such as schools, sewer lines and highway construction or expansion.
Ag security farms are better protected from nuisance lawsuits and regulations. The designation is also a requirement for a farm to receive county and state preservation dollars.
The 13 farms being considered for ag security are located at: 2040 Pine Drive, 674 and 702 Hartman Station Road, 2599 and 2674A Bachmantown Road in Ronks, 2083 and 2151 Forry Road, 2110 Rockvale Road, 222 Clearview Road, 231 Strasburg Pike, 200 Maple Ave. and 385A and 385B Willow Road.
They are owned by 12 farmers. All but one joined in the appeal.
All townships in Lancaster County have ag security areas except East Lampeter, Leacock, Paradise and Upper Leacock.
Staff writer Ryan Robinson can be reached at rrobinson@LNPnews.com or 481-6032.
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