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Saturday, September 28, 2024

Codorun Farms Alleges Harassment by West Manchester Township Over Property Disputes

Federal Court
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Codorun Farms, Inc. has filed a civil rights complaint against West Manchester Township and several of its officials, alleging violations of constitutional rights. The complaint was filed by Codorun Farms in the United States District Court for the Middle District of Pennsylvania on May 24, 2024. The defendants named in the lawsuit include West Manchester Township, Steven Harlacher, Ronald Ruman, Dave Markel, Rachelle Sampere, and Kelly Kelch.

The dispute began between fall 2018 and spring 2019 when agents from West Manchester Township allegedly entered Codorun Farms' property without permission and destroyed boundary hedgerows crucial to the farm's aesthetic value. In response to this incident, Codorun Farms submitted a Right-To-Know Law request to uncover who ordered the destruction and why it was carried out. Subsequently, the township offered $11,928.65 as compensation for the damage caused.

Despite this settlement, Codorun Farms claims that the township continued to target them with arbitrary fines and penalties. One notable instance occurred on March 3, 2022, when the township issued a Notice of Violation (NOV) against Codorun Farms for illegal dumping along Old Salem Road—a problem that had persisted for decades but was historically managed by township maintenance crews. According to Codorun Farms’ principal Melvin Campbell’s testimony before the Township Zoning Hearing Board, this practice had been in place for over 60 years.

Codorun Farms contends that this NOV was issued in retaliation for their earlier Right-To-Know Law request and subsequent settlement regarding the hedgerows. The farm challenged this violation notice before the Township Zoning Hearing Board but faced opposition from Defendant Sampere and other township officials who testified against them.

In another incident involving stone pillars installed at gate entrances on their property—structures contributing to the historic charm of their farm—the township issued yet another NOV demanding building permits for these pillars despite them having stood without issue for months. Codorun Farms applied for a zoning variance which was eventually granted but not without significant opposition from township officials who made compliance exceedingly difficult.

The plaintiffs argue that these actions represent a concerted effort by West Manchester Township and its officials to harass and intimidate them under color of law. They claim violations of their Fourth and Fourteenth Amendment rights due to repeated targeting with false violations and arbitrary refusals to provide standard permits.

Codorun Farms is seeking judgment against all defendants in an amount exceeding $75,000 plus interest, reasonable attorney’s fees, punitive damages, and costs of suit.

The case is being handled by Lindsey M. Cook from Barley Snyder LLP representing Codorun Farms. The case ID is 1:24-cv-00863-JPW with Judge Jennifer P. Wilson presiding over it.

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