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Franklin County Farm Couple Wins Commonwealth Court Case Against PennDOT in Exit 7 Battle
CONTACT: FOR IMMEDIATE RELEASE Chambersburg (August 30) - Lois and Lamar White, the Franklin County farming couple who sued PennDOT in Commonwealth Court over PennDOT's refusal to submit condemnation of the White's farmland to the Agricultural Lands Condemnation Approval Board (ALCAB), were victorious today when the Commonwealth Court declared that PennDOT must submit the Exit 7 proposed condemnation to the ALCAB. The Whites had previously sued PennDOT over PennDOT's plans to trespass onto their farmland while the agency refused to obtain the necessary approvals from the special Agricultural Board, which was established to ensure that there were no alternatives to the condemnation of active farmland prior to the taking of those lands. The Commonwealth Court - in an opinion drafted by President Judge Colins - granted the White's request for relief and declared that "PennDOT must obtain ALCAB approval for all or part of the proposed interchange project before it can file a declaration of taking." In addition, Judge Colins also explained that "Relocation of highways and the addition of an interchange involving new ramps and connector roads are clearly outside the scope of the exception [to ALCAB review], and PennDOT must seek ALCAB approval before it can file a declaration of taking." The Community Environmental Legal Defense Fund's staff attorney, Thomas Linzey - counsel for the Whites - declared that "this Commonwealth Court opinion affirms what the Whites knew all along - that PennDOT was breaking the law. If PennDOT is so sure that the Exit 7 Project is necessary, why are they trying to avoid ALCAB review?" Linzey added that "this decision goes a long way towards ensuring that agencies will follow Pennsylvania laws passed specifically to protect farmland in active production. PennDOT should comply with this order instead of continuing to spend taxpayer monies to support their decisions which run afoul of the law. The Community Environmental Legal Defense Fund (CELDF) will continue to force PennDOT and other agencies to comply with laws protecting the Commonwealth's farmland." The Commonwealth Court decision was issued on August 30, 1999 and is nine pages in length. |