Posted on 06/04/2009 5:31:13 PM PDT by Born Conservative
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.
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.
(Excerpt) Read more at articles.lancasteronline.com ...
Somebody please tell me they did not try and call old order Amish farmers on the phone.
I think they tried via carrier pigeon.
In other words, Kelo?
Couldn't find the numbers. Must be unlisted...
Glad to hear it. When I lived in NC and was looking for my first house, I saw a similar situation. The area with new development was an old poor Black rural farming community (mostly tobacco). A few developers started putting up homes and the mostly white upper middle class moved in. Well, guess what, they HATED the country life! No late night stores, no ATMs, blah, blah, blah. They got on the town council and started passing nuisance laws about not farming at night (noise), no furniture on the front porch, etc. All of it had a serious impact on the farming folks. Glad I didn’t buy there (but maybe I should. I could have been a voice for the farmers).
Good for them! I’m inspired. I’m going to secede my two little acres from the land-grabbing County I live in.
We have an Enviro-Weenie Left-Tard County Executive that we almost voted out last time around. EVERY little town & burg in the entire COUNTY voted for her opponent, yet ‘The People’s Republik of Madistan’ managed enough votes in and of itself to win the race.
Hope she doesn’t find a Three-Toed Tree Toad on my land, or I’m screwed. She makes every last one of us who live outside of the city limits want to, “Shoot, Shovel and Shut Up!”
As someone who grew up in the heart of Amish country in Lancaster/Chester counties, I can tell you some of the old order Amish had/have phones at the edge of their properties. They would keep the phones locked in a mail box looking box. When an Amish man has to make a call regarding business, he walks to the box, unlocks it, makes a call, and then locks the box back up.
They should have just gone out to the barn!
When my wife and I were there last fall, I noticed a couple of other variations. If there was a business (selling Quilts, for example) sometimes they would have a phone in there, just not in the house. I've also heard that sometimes they will “borrow” a phone from an English neighbor.
Creating an ag-security area could also cause future planning problems, they've asserted.
Lessee, here. These Amish farmers already have enough protection, but ... more protection might "cause future planning problems.
I don't trust gubmint either.
Hershberger, Yoder, Miller, Gingerich, Mullet, and Troyer should be happy.
You left out Smoker, Stoltzfus, and Beiler.
I didn’t know the first two, but yes, a Beiler was just down the road from my brother’s farm in Ohio. He used to drive Mullet and his family when they needed it.
We forget that we are being oppressed by our local governments as much as by state & fed. They have all learn to siphon off taxpayer money for their grandiose schemes which benefit themselves and friends.
Probably after they tried to interview them in person with a half dozen cameras running.
In other words, they wouldn't be able to kick out the farmers so they can build mega developmental property - $400,000 homes and a strip mall.
A tour guide told us in Lancaster that the Amish men like baseball and will go to their English neighbors to watch the games on TV.
Southern Indiana raised myself. Both amish groups where I grew up would practice this. They got around the church law by paying for the installation and leasing the phone from the phone company. They didn’t own it and it was on a right of way already established for power/phone lines through their property so they were not in violation of church edict.
The rules allow them to operate/use devices, just not to own them or have them in their residence. They often teamed with the local Mennonites for jobs and such. The Mennonites were allowed to own vehicles and power equipment, and other things that would provide work assistance - though there were serious restrictions on the entertainment side of things. Not sure if this is true of all Mennonites.
They played the meanest barn-yard bball in the county, and some of them could be the rowdiest, drinkinest(?), most foul languaged of the group. They were though extremely humble at that age. As they got older they tended to get up a bit on a high horse, again not all of them.
Good memories - glad they won’t get their land taken soon, though the way things are going it’s likely inevitable.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.