Fanners Dispute
(Continued from Page A 27)
pensation for any harms caused
by corporate fanning may be
difficult to obtain through a cor
poration and that corporations
have fewer reasons to respect
the natural environment and
township communities than do
natural persons.”
The lawsuit claims that state
ment to be “unlawfully discrimi
natory and violative of the U.S.
and Pennsylvania constitu
tions,” and charges that the
township did develop a proper
record to support it.
Other claims made by the
lawsuit against the legality of
the ordinance include:
• The township does not have
the authority under Pennsylva
nia’s township code to prohibit
or regulate corporate ownership
or operation of farmland or
farming operations.
• The regulation illegally in
terferes with business and con-
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tractual relations.
• The regulation is preempted
by Pennsylvania’s Nutrient
Management Law.
• The regulation conflicts
with and is preempted by Penn
sylvania’s Business Corporation
Law.
At the heart of the lawsuit’s
claim against the water regula
tion ordinance is Garrison’s
assertion that the township’s au
thority to control non-municipal
water supplies is preempted by
state law and by the authority of
interstate watershed agencies.
The lawsuit also claims that
the ordinance does not provide
for due process of law and that
“the 3,000-gallon cutoff is arbi
trary and unsupported.”
According to Kristen Wolf,
spokesperson for the Pennsylva
nia Department of Environmen
tal Protection (DEP), the state
has no law in place to govern
private water withdrawal.
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Disputes over local water regu
lations ultimately need to be re
solved in court at this point, she
said.
However, legislation has been
proposed that would give the
DEP authority to monitor and
regulate the state’s water sup
plies, Wolf said.
Garrison charged that all
three ordinances adopted by
Belfast Township are unconsti
tutional and vague.
According to Belfast Town
ship Secretary Paula Shives this
week, the three-member board
of supervisors was seeking coun
sel and unable to comment on
the case.
Carlton Walker, Belfast
Township solicitor, also de
clined comment.
Shives said that no zoning
laws designating land use are in
place in Belfast Township,
which has a population of about
1,300 people.
The township has been given
until the second week in Janu
ary to respond to the lawsuit.
In agricultural litigation last
S Shenandoah
Pancake
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Township, Bradford County tions was judge
was overturned in court. preempted by Y
The ordinance to regulate the Nutrient Management Act.
We’d like to take this
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business over the past year
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ANTIQUE AUCTION
COL. KIRK’S AUCTION GALLERY
PURVEYORS OF FINE ANTIQUES & COLLECTIBLES
Route 42, Eyers Grove, Pennsylvania
(2 Miles South Of Millville, PA/6 Miles North Of Bloomsburg)
SUNDAY, DECEMBER 30, 2001
10:00 AM. DOORS OPEN AT 9:00
1727 Fractur From Brobst Family That Owned The Dairy In Buckhorn, 1829
Fractur Col. Co. From Family That Owned The Farms Wheie Frosty Valley
Country Club Now Sits, Signed And Decorated Stoneware, 2 Dough Boxes,
Cradle, Rockers, Wagon Wheel, 2 Tramp Art Frames, Potty Chairs,
Benjamin Ely 1836 Coverlet (VG), Daisey #4O Glass Butter Churn, 4 Qt.
Glass Butter Churn, 2 Jenny Lind Trunks, Dopey Child’s Spring Ride Toy,
Wallace Nutting Lg. Outdoor Livestock Print, Celluloid Animals, lOK &
14K Jewelry, Large Asst. Of Oriental Carpets, Keystone Lg. Airmail Plane,
Marx 3000 Riding Train, Steelcraft 25 1/2” Tank Truck, Courtland 6050
Mechanical Farm Tractor, Butterbowls, Shaving Mirror, High Chair, Several
Pieces Of Black Americana, Buckwheat Batter Tin Spouted Pail, Victorian
Oak Potty, Early 10 & 12 Cent Comic Books, Paper-Mache Items, WWI
Lead Soldiers, Childrens Books, 30+ Big Little Books, Cast Frog-Bank And
Frying Pans, Small Rare Mixing Bowl, Primitive Butchering Block, Apple
Peelers, Cherry Stoners, Lg. Wagner And Francis Buckwalter Cast Tea
Kettles, Tin And Granite Berry Buckets, Copper Apple Butter Kettle, Oil
Lamps, Lots Of Milk Bottles, Victorian Doll House, Scooter, 3 Wheel Baby
Rider, Shallow Cast Well Pump, Old Bottles, 11 Tip And Card Trays, 14 Qt.
Cast Iron Kettle, Canning Jars Of Marbles, Set Of Blue Ridge Dishes, 3 Pcs.
Signed Fenton, Several Pcs. Of Large Blue To Clear Cut Crystal, Cases Of
Good Smalls, Asst. Of Mining Items, Large Amt. Of Good Local Postcards,
Sausage Grinder & Stuffer, Featherweight 221 Sewing Machine,
Contemporary Walnut Dining Room Suit w/China Cabinet, Lots Of Other
Old Toys, Olympic Radio, Tin Car And Turtle Souvenir From Universal
Theaters Concessions Co. Chicago 111., School Bell, Feather Tree, German
Christmas Ornaments, Beaver Top Hat, Tin Bam, Wood Barn With Animals,
Wood Tip-Over Character, Halloween Items Inc. Papei-Mache Pumpkin And
Accordion Cats, Mr. Peanut Green Bank Store Jar & 1950 Entertaining And
Educational Paint Book-48 States, Case Of Tintypes, Small Flow Blue
Pieces, Roseville, Truck Is Full Of Fresh Estate Items That Are Not Listed
Because They Were Just Picked Up And Not Yet Unpacked!" This Is An All
Day Auction. 10% Buyers Premium. Statements Made Day Of Sale Take
Precedence Over Others
We Accept: CASH/VISA/MC/LOCAL CHECKS
LUNCH BY LINDA
We Are Always L@@king To Buy Estates
Antique Shop Contents For Our Upcoming Auctions!
Auctions Every Thursday At 3:30 In Our Gallery
Col. Kirk S. Williams
Lie. #AU2623-L Bonded
2267 State Rt. 42, Millville, PA 17846
Phone (570) 458-6682 Fully Licensed & Bonded In PA & FLA
Lancaster Farming, Saturday, December 22,2001-A45
EAIHB3R
Wishing You All
A Merry Christmas
I And A
> Happy And Prosperous
New Year
From all of us at E.M. Herr’s
E>viHERR
www.acehardware.com/emherr
- HerrviHe Rd. 4Ht 272 South
2 1/2 Miles South of Willow Valley Square
Not Responsible For Typographical Errors
Sat.
7:30 am-6;OD pm
r fci* —i
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/UPS Drop/
I Point I