The County of Bucks, along with Heritage Conservancy, Inc., filed a civil complaint against Kingdom Equity Partners, LLC, and Kingdom Provisions, LLC in Bucks County Court of Common Pleas on Wednesday. Attorneys Terry W. Clemons and Daniel D. Grieser represent the plaintiffs.
This is the second lawsuit filed this month against Kingdom Equity Partners. On July 9, Plumstead Township filed a complaint seeking regulatory compliance with a conservation easement located on the property.
Wednesday’s 19-page complaint, accompanied by 228 pages of exhibits, names Kingdom Equity Partners and Kingdom Provisions as defendants and represents the latest legal challenge for Ephraim Z. Stoltzfus, who operates the slaughterhouse located at 5960 Durham Road in Pipersville.
The legal filing centers on Stoltzfus’ inability to bring the entire property, that includes an agricultural conservation easement (ACE), into regulatory compliance as required by the Bucks County Agricultural Land Preservation Program (BCALPP).
Once in place, agricultural preservation easements are permanent, regardless of property ownership, and no portion of the property is exempt from the terms of the program, according to the pleading.
The ACE had been established when the property was owned by Plumstead Acquisitions, LLC, who then sold the parcel to Kingdom Equity Partners on Dec. 14, 2023.
Prior to the sale, Kingdom Provisions had leased the property from Plumstead Acquisitions during which time BCALLP had inspected the land and noted compliance issues.
The Pennsylvania Department of Environmental Protection (PA-DEP) conducted an inspection of the property pursuant to odor complaints on July 6, 2023. During the assessment, “a KP employee noted that between 300 and 400 animals are slaughtered each week and that some animals are sourced from auctions and others are brought in privately by customers.”
BCALPP has observed no livestock being raised on the property during any of its visits, and the complaint asserts that “none of the animals slaughtered are raised on the Property,” a violation of the ACE.
A BCALLP follow-up inspection on April 24, 2024, revealed the continuation of assorted ACE compliance issues, each of which was thoroughly detailed in a Letter of Concern to Stoltzfus dated April 26, 2024. The letter specified that to avoid an enforcement action, Stoltzfus was to contact BCALPP within 20 days or begin to remedy the concerns.
Stoltzfus failed to respond within the 20-day period.
On May 22, correspondence signed by John Ives, Director of the County’s Agricultural Land Preservation and Municipal Open Space Programs, and Kristine Kern, Vice President of the Heritage Conservancy, Inc., sent a Notice of Violation to Stoltzfus via certified mail.
The letter advised Stoltzfus that his Durham Road property was in violation of regulations that govern the ACE, and provided 60 days to bring the property into compliance to avoid legal action. Stoltzfus did not respond to the notice resulting in the July 24 filing of the lawsuit.
The complaint details permitted uses of the property as “used solely for the production for commercial purposes of crops, equine, livestock and livestock products, including the processing or retail marketing of such crops, equine, livestock or livestock product if more than 50 percent of such processed or merchandised products are produced on the subject land (hereinafter “agricultural production”).”
Prohibited uses, in part, specify that “no excavating, paving, gravelling, construction of permanent structures, or other activities that would diminish the productive capacity of the soils are permitted in connection with such activities.”
“Mr. Stoltzfus informed the County that he intends to continue to slaughter sheep, goats and cattle at the Property,” a violation of the 50 percent clause of the ACE, according to the complaint.
Stoltzfus has also failed to update the soil and water conservation plan to reflect changes occurring on the property.
Significantly, the easement prohibits the disposal of food processing residuals (FPR) on the property that is believed to be the source of the nasty aromas.
For at least 18 months Kingdom Provisions has been entangled in a litany of complaints including putrid odors, the leakage of blood and other liquids onto neighboring properties, noise from the use of heavy equipment, middle of the night livestock deliveries, and the contamination of Cabin Run, a tributary of the Tohickon Creek.
The PA-DEP cited the business for the unpermitted discharge of industrial waste and discharge from slaughterhouse wastewater to the waters of the commonwealth as a violation of the Clean Streams Law on May 15, 2023.
Plumstead Township had issued two notices, one for violating a stormwater management ordinance, and another for violating regulations for the ACE.
The County, and Heritage Conservancy, Inc., assert in their legal filing that “conducting a slaughterhouse/meat processing operation” along with the disposal of FPR on the property is a violation of the easement.
The plaintiffs are seeking relief from the court by requesting an injunction to prohibit the defendants from operating the slaughterhouse until the property has been restored and is in full compliance with the ACE regulations.
Additional relief is sought to compel Stoltzfus to create a soil and water conservation plan, an installation schedule and maintenance program along with a nutrient management component as required by the ACE.
The lawsuit also requests that Stoltzfus bear financial responsibility for all costs, damages and attorney fees required to enforce the requisites of the easement expended by the plaintiffs.
