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Pennsylvania Right to Farm Act Resource Area

Center Resources

Research Publications:

Presentations:

Agricultural Law Brief Articles:


Statutes

Pennsylvania:

Pennsylvania statutes are accessible online through the Unofficial Purdon’s Pennsylvania Statutes website. Be aware that this information is subject to change as a result of subsequent amendments. Please consult an attorney if you are in need of the most up-to-date statutory information.


Case Law

Some of these cases may be available at a law library or accessible online for those with LexisNexis, Westlaw, or other electronic database accounts.

Pennsylvania Superior Court:

  • Horne v. Haladay, 728 A.2d 954 (Pa. Super. Ct. 1999) (finding that a suit must be filed within one year of lawful inception of business operation or substantial change to the business).

Pennsylvania Commonwealth Court:

  • Corbett v. Richmond Twp., 2 A.3d 678 (Pa. Commw. Ct. 2010) (finding that an ordinance “which requires that solid and liquid wastes be disposed of daily in a manner to avoid creating a public nuisance” violates section 3(a) of the RFL).
     
  • Wellington Farms, Inc. v. Twp. of Silver Springs, 679 A.2d 267 (Pa. Commw. Ct. 1996) (finding Right to Farm Act did not protect poultry slaughterhouse).

Pennsylvania Court of Common Pleas:

  • Remaley v. Zook, No. CV 580-2007 (Snyder Ct. Com. Pl. Apr. 29, 2009) (holding that odor from poultry farm did not constitute a nuisance as a matter of law).
    • Remaley v. Zook, No. CV 580-2007 (Snyder Ct. Com. Pl. Aug. 14, 2009) (denying motion for post-trial relief).
       
  • In re: Robinson, No. 03-10662, 2005 Pa. D. & C. LEXIS 337 (Montgomery Ct. Com. Pl. Nov. 18, 2005) (finding there must be sufficient evidence to show an activity meets the statute’s definition of “farming” for the Right to Farm Act to apply).
     
  • In re: Burger, 17 Pa. D. & C.4th 280 (Bucks Ct. Com. Pl. 1992) (finding that a zoning ordinance was not considered a nuisance ordinance under the Right to Farm Act). 

Agency Decisions:

  • Stine Farms and Recycling v. Pa. Dep't of Envtl. Prot., 2001 E.H.B. 796 (Pa. Envtl. Hr’g Bd. 2001) (holding Right to Farm Act does not place limitations on the Commonwealth's authority to protect the public health, safety, and welfare; holding Right-to-Farm Act does not defeat the intent of any statute or regulation other than nuisance ordinances as they apply to normal agricultural operations).


Publications

Some of these articles may be available at a law library or accessible online for those with LexisNexis, Westlaw, or other electronic database accounts. Some hyperlinks may only be available for those users with access to HeinOnline.

Law Review Articles:

Other Publications:


Links