Judge Bans Buckingham Farm From Mulching Operations, Holding Events

BUCKINGHAM TOWNSHIP, PA ? A judge has issued an order banning Froehlich's Farm & Garden Center and FS Landscaping from manufacturing mulch on its 112-acre Buckingham Township Farm on Route 263.

In addition, the judge enjoined the farm from conducting festivals and carnivals on the property in contravention of the terms of its agricultural easement and township ordinances.

The farm is expected to appeal the decision, which was handed down by Dauphin County Judge Richard Lewis. Judge Lewis was called in to hear the case after every Bucks County judge recused themselves because a member of the Froehlich family works for the court system.

"We went through five or six days of hearings and the judge found that the township was correct in every way, shape, and form," said Buckingham Township solicitor Craig Smith. "He banned the mulching operations. They were also having illegal festivals and those also got banned.

"I fully anticipate we will see an appeal, but as of now there's an injunction preventing all of that from going forward," added Craig. "The folks in Devonshire are probably very, very happy."

The residents of Devonshire Estates had complained of noxious odors and ill effects caused by the farm's mulching and/or composting operation and brought their concerns to the township.

Buckingham Township and Bucks County, which purchased an agricultural easement from the farm in 1999, argued before the court that the farm?s solid waste facility and its festivals violate the terms of the easement.

In 1999, the county and township purchased a 106-acre conservation easement from the Froehlich family for $1.26 million. The purchase was subject to certain conditions regarding the farm's operations including a prohibition on operating a solid waste facility.

The township's director of agricultural land preservation discovered the violation in June 2022 as part of a routine biennial inspection, according to court documents. The inspection discovered that the farm was conducting a composting and mulching manufacturing operation in violation of the easement and the township?s ordinance which prohibits operating a Solid Waste Facility in the township's AG-1 Zoning District.

The production of mulch is allowed under the easement as "agricultural production" if more than 50 percent of the material used in the manufacture of the mulch comes from the farm. The county and township claim that the Farm does not meet the 50 percent requirement.

Attorneys representing the farm argued before the judge that the mulch/compost activities do not violate either the easement provisions or zoning ordinances. They maintain that the easement provides that "crops, livestock and livestock products" include "timber, wood, and other products derived from trees," materials which are the main ingredients of the mulching operation.

The farm's lawyers also argued that more than 50 percent of the material used to produce the mulch comes from the farm. The farm also contends that the its mulching operation is entitled to protection under several agriculturally-based legislative enactments that protect farms from nuisance actions brought by municipalities.

They also claimed that the mulching operation should be permitted to continue under the principle of variance by estoppel, which essentially relies on an assertion of economic hardship and a good faith reliance on the inaction of the municipality.

The farm also presented the doctrine of equitable estoppel as a defense as well as the argument that the mulching operation is an existing nonconforming use.

Regarding the carnivals and festivals, the township argued that the farm violated the local zoning ordinance by holding festivals and carnivals throughout the year, such as a spring festival and Easter Egg Hunt, and a Red, White and Blueberry Festival.

Additionally, the township said such events are violative of the conservation easement provision that "the subject land shall be used solely for the production for commercial purposes of crops, livestock and livestock products."

The township argued that the festival/carnival events that take place on the farm fall under Use A-10 Accessory Farm Business provision of the Buckingham Township Zoning Ordinances. Such A-10 use is permitted as a conditional use in the AG-1 agricultural district where the property is located. The township testified during the hearings that the farm applied for a conditional use permit in the fall of 2022, but later withdrew the application after that year's fall festival took place.

The farm argued that it has been hosting festivals and carnivals on the property for decades and long before the township had zoning ordinances. They also argued that the festivals and carnivals are protected and permitted under the agricultural laws and statutes of the state.

The farm also argued that seasonal festivals are permitted under the agricultural conservation easement as rural enterprise activities; that seasonal festivals are permitted under the zoning ordinances as part of general farming activities; that seasonal festivals are permitted under the principle of variance by estoppel and/or equitable estoppel; that seasonal festivals are permitted under the Right to Farm Act and the ACRE Act; and the elements of injunctive relief had not been satisfied.