In what lawyers say is a precedent-setting case, the Pennsylvania Commonwealth Court has ruled that 12 farmers in East Lampeter Township can include their farms in an agricultural-security area.
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But the more than decade-long fight between the farmers — most of whom are Old Order Amish — and township leaders may not be over.
The chairman of the township's board of supervisors this morning did not rule out an appeal to the state Supreme Court.
"We haven't discussed that," said Chairman David Buckwalter. "It wasn't the decision we had hoped for."
Preservationists, however, welcomed the ruling wholeheartedly.
"Now two courts have determined that local government does not have the ability to withhold (ASA) protections," said Karen Martynick of the Lancaster Farmland Trust. "That is clearly a victory for all farmers and for all citizens."
Attempts to reach farmers for comment this morning failed.
But Lois Duling, a local preservation advocate, said she spoke with one of the farmers. She said he told her they are overwhelmed and thankful for the decision, which they believe is critical to the future of farming in the township.
The farmers want the township to designate a 13-farm, 788-acre ag-security area to discourage nuisance laws that restrict farming and to limit the government's ability to condemn farmland.
Security areas also allow farmers to apply for farmland preservation through the county preservation program, although farmers in East Lampeter have not cited that as a concern.
The township has contended that there is no need for an ag-security area because farmers already have enough protections through the Right to Farm Act and township laws.
Creating an ag-security area could also cause future planning problems, they've asserted.
The state court ruling upheld a Lancaster County Court decision last July which said that under the state Agricultural Area Security Law the need for ag security areas is determined by farmers, not the municipal governing body.
East Lampeter supervisors appealed that decision, in a 3-1 vote, to the state court. Buckwalter and fellow supervisors John Shertzer and G. Roger Rutt voted in favor of the appeal.
Supervisor Michael Landis voted against it. Supervisor Glenn Eberly was not present at the vote.
The farmers' lawyer, James Tupitza of West Chester, and the township's attorney in the case, Randall M. Justice of Blakinger, Byler & Thomas, have both said the case could affect ag-security decisions for years to come across Pennsylvania.
Justice did not return a call for comment this morning.
Tupitza said it was significant that Commonwealth Court Judges Joseph F. McCloskey, Bernard L. McGinley and Mary Hannah Leavitt determined that the ruling by Lancaster County Judge Margaret C. Miller and President Judge Louis J. Farina was so complete that a lengthy opinion from the state judges was not needed.
"If this is appealed, there is zero chance the Supreme Court would have the remotest interest in accepting the appeal," Tupitza predicted. "This was a clear decision. It is a fantastic victory."
Matt Knepper, of the county's Agricultural Preserve Board, said he is happy with the "excellent, pro-farmer" ruling and is confident it won't be overturned.
"The Commonwealth Court just upheld that the need for an ag-security area is determined by farmers, not by a township," he said.
The East Lampeter farmers requesting an ASA were turned down three times by supervisors. Following the third refusal, the farmers appealed to Lancaster County Court.
Buckwalter said he did not know the exact amount of money the township has spent fighting the farmers' ag-security petitions.
An email request for that information sent to township Manager Ralph Hutchison was not answered as of press time.
The township stance regarding the court case hinged on the interpretation of a clause in the 1981 ag-security-area law that said "other matters which may be relevant" could be considered in deciding on ASA petitions.
The Lancaster County Court decision, upheld by the Commonwealth Court, said the township should not be able to trump all the specific standards of the ag-security-area law through that clause.
Martynick said Lancaster County continues to lose over 1,000 acres of prime farmland every year to development.
As that development encroaches upon the farms in East Lampeter and elsewhere, it is important that farmers have the protections provided by an ASA, she said.
Lancaster has about 152,000 farm acres in ASAs, according to Knepper. About 80,000 of those acres have been permanently preserved from development.
Besides East Lampeter, the only other township in the county without an ASA is Paradise. Leacock and Upper Leacock supervisors recently approved ag-security areas.
Staff writer Ryan Robinson can be reached at rrobinson@LNPnews.com or 481-6032.
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