Last farm in Township dealing with township ordinance preventing tillage, any ideas?
- Thread starter candersen10
- Start date
- Views: 11042
joshuabardwell
Elite Member
Roy's advice is sound, but I would also like to add that your state rep and senator are not required to be experts on the law. They can go to bat for you and they pull a lot of weight, but they often are very ignorant of the law. You may also want to contact the state attorney general for a legal opinion on the matter--although, be warned that if they come down against you, you are in for a long, hard slog to force the issue in court. Perhaps a meekly worded inquisitive letter, not specifically mentioning your exact situation, but asking for an opinion on whether the types of activity you're doing would be covered.
meburdick
Platinum Member
When you are being challenged legally, make sure you take the right approach. Don't do any work for the other side, and make the other side be explicit about what they are charging you with and WHY.
When you cited the clause that you "think" they are taking issue with, you were demonstrating that you're doing their job for them. The C&D Letter that you got cited the laws / ordinances that you are supposedly in conflict with, but I didn't see anything in what you posted that stated WHY you were in conflict. There's language in there about disturbing the soil and such, but I didn't see where it said "by performing X act, you are disturbing the soil".
Challenge them to cite the details of their issue with this and then you will understand what it is that you (and your attorney) have to argue. Removing vegetation will absolutely affect the grounds ability to absorb water. Make them spell out exactly what it is that you are doing that causes the issue (like removing vegetation).
If they can not, or will not, do that, have your attorney file a countersuit against them for making false claims or whatever else he can come up with. You need to compel their "evidence" so that you can refute it. Also look for conflicting laws / statutes that are in your favor. For example.. If they issued a C&D to you for cutting down very tall grass, but your town (like most) has an ordinance that REQUIRES that grass be kept cut, you have something very strong to argue back with.
Your representatives, senators, first selectment, etc are not going to be as well versed in this as you might expect. And, they are very unlikely to do anything to actually help you.
CALL THE FARM BUREAU and ask them to refer you to an attorney. If you are not a member of the farm bureau, consider joining. Your membership just might entitle you to either free or reduced fee counsel.
Above all else, stop seeking advice here. The more time you spend trying to understand how to fight this by reading advice on a forum, the deeper in the hole you will be when you realize you need an attorney.
When you cited the clause that you "think" they are taking issue with, you were demonstrating that you're doing their job for them. The C&D Letter that you got cited the laws / ordinances that you are supposedly in conflict with, but I didn't see anything in what you posted that stated WHY you were in conflict. There's language in there about disturbing the soil and such, but I didn't see where it said "by performing X act, you are disturbing the soil".
Challenge them to cite the details of their issue with this and then you will understand what it is that you (and your attorney) have to argue. Removing vegetation will absolutely affect the grounds ability to absorb water. Make them spell out exactly what it is that you are doing that causes the issue (like removing vegetation).
If they can not, or will not, do that, have your attorney file a countersuit against them for making false claims or whatever else he can come up with. You need to compel their "evidence" so that you can refute it. Also look for conflicting laws / statutes that are in your favor. For example.. If they issued a C&D to you for cutting down very tall grass, but your town (like most) has an ordinance that REQUIRES that grass be kept cut, you have something very strong to argue back with.
Your representatives, senators, first selectment, etc are not going to be as well versed in this as you might expect. And, they are very unlikely to do anything to actually help you.
CALL THE FARM BUREAU and ask them to refer you to an attorney. If you are not a member of the farm bureau, consider joining. Your membership just might entitle you to either free or reduced fee counsel.
Above all else, stop seeking advice here. The more time you spend trying to understand how to fight this by reading advice on a forum, the deeper in the hole you will be when you realize you need an attorney.
MikeFarm
Gold Member
Hi
meburdick gives good advice when he says "Above all else, stop seeking advice here."
What you say here could be used by a Councils lawers against you.
The thread of course can continue discussing in general terms about this issue and others can post as they wish but you should be circumspect in what you post here. .
M.
meburdick gives good advice when he says "Above all else, stop seeking advice here."
What you say here could be used by a Councils lawers against you.
The thread of course can continue discussing in general terms about this issue and others can post as they wish but you should be circumspect in what you post here. .
M.
buckeyefarmer
Epic Contributor
Wow is all I can say. Are you sure this isn't from Boss Hogg in Hazzard county?
RoyJackson
Rest in Peace
- Joined
- Nov 17, 2001
- Messages
- 23,144
- Location
- Bethel, Vermont
- Tractor
- John Deere 4052R Cab,, Deere 855D UTV, Z920A Zero Turn Mower and assorted implements
I'm going to ask you again...have you contacted your local state rep and senator?
If you haven't, you're spinning your wheels and wasting time...
RoyJackson
Rest in Peace
- Joined
- Nov 17, 2001
- Messages
- 23,144
- Location
- Bethel, Vermont
- Tractor
- John Deere 4052R Cab,, Deere 855D UTV, Z920A Zero Turn Mower and assorted implements
Even if they aren't the "experts" in any particular law, they can point the OP in the right direction.
There have been a number of local townships trying to enact their own gun and carry laws or ordinances. These have violated state pre-emption laws (in other words, the state law carry more weight). These local laws and ordinances have all been overturned and the plaintiffs legal fees were compensated.
The same thing applies here..IF the PA Right to Farm law does, in fact, apply...the township ordinance would be null and void.
But, the OP must determine what the Right to Farm law says...and he's not going to find that answer on TBN.
meburdick
Platinum Member
Roy, I highly doubt that anyone in politics will take any interest in this at all until it has become much more of a publicity item that it currently is. And, if it turns out that the Town Council / Town Government is correct, political leaders will work to distance themselves from it.
The OP's best course of action is to contact the Farm Bureau and/or an attorney. Their second best action item is to stop posting here about it until it is over. Even if the other side doesn't come and find this information proactively, they could still be compelled to product evidence of anything that they've said / done, and any settlement they reach may require non-disclosure of any related information.
RoyJackson
Rest in Peace
- Joined
- Nov 17, 2001
- Messages
- 23,144
- Location
- Bethel, Vermont
- Tractor
- John Deere 4052R Cab,, Deere 855D UTV, Z920A Zero Turn Mower and assorted implements
I live in Pennsylvania...same as the OP. I know exactly what I'm writing about...believe me. That's why I am suggesting what I'm suggesting. The local reps and senator are his first line of defense.
I expect he may ultimately need a lawyer, but before entailing that expense he should contact the people he votes for.