Forks Successfully Defends Farmland Preservation

After six years of litigation, Forks Township's battle with developer KMRD is finally over.

The state Supreme Court upheld a lower court decision by refusing to hear the developer's challenge of the township's farmland preservation zoning ordinance.

KMRD planned to build 1,952 condominiums, 359 townhomes and 731 mobile homes on eight parcels totaling 545 acres in the township's north end.

That was too much housing, according to the township's farmland preservation ordinance, which stipulates that only one home is allowed per 3 acres and that the housing must be single-family homes.

KMRD sued the township in 2006 over the ordinance.

The company had argued the zoning ordinance unfairly excluded low-income residents. The developer also said the ordinance was unconstitutional because it was more about limiting housing than preserving and protecting open space.

The Supreme Court's decision last week upheld a prior Commonwealth Court hearing in Forks' favor.

"This was the last step," Solicitor Karl Kline said at Thursday's Board of Supervisors meeting. "This just shows that the township is going to enforce its ordinances," Kline said.

Kline and Supervisors Chairman Erik Chuss said the township went above and beyond to give KMRD's proposal consideration and in fighting the lawsuit.

"I want to thank our staff for defending this case," Chuss said. "It seems like it was a decade ago. This was a long road."

Kline said the township had to take KMRD's proposal "seriously since it could have cost the township millions of dollars."

The township held 24 Zoning Hearing Board meetings between 2006 and 2008.

"That was amazing work by the zoning board, yeoman's work," Chuss said.