Third Amish man fights zoning law banning livestock

A Walker Township man is fighting a request from a zoning officer to remove livestock kept on his property.

Jacob Stoltzfus, who is Amish, has hired the same attorney who is representing two other Old Order Amish men who are also fighting the township to keep horses on their properties in the village of Nittany.

In a letter dated May 24, Walker Township Zoning Officer Jeffrey Wingert gave Stoltzfus seven days to remove "all livestock" from his property at 134 Madison Ave.

A zoning ordinance adopted by Walker Township in 2000 prohibits residents from keeping livestock in densely populated districts, such as the zone in which Madison Avenue is located. In late 2002, Walker Township cited Daniel King and Daniel Beiler for keeping horses on their property. The men are Amish, and they depend on the horses to provide them transportation to church.

King and Beiler took the case to court, with attorney James Bryant arguing that the zoning ordinance infringes on their freedom of religion.

Stoltzfus could not be reached for comment Tuesday. A woman who answered the door at the home said her family has rented the property from Stoltzfus since September.

"We have a horse, five goats and a donkey," she said. "The family before us also kept animals on the property."

The woman said she is not planning to remove the animals.

Wingert declined comment on the request to Stoltzfus on Tuesday. Walker Township's attorney, David Consiglio, said he was aware that a letter was sent but wasn't sure if any other action has been taken by the township. Usually, if a resident doesn't comply with a request to adhere to zoning laws, a hearing in front of a district justice will be scheduled. Consiglio said he is not aware that any hearing has yet been scheduled in Stolzfus' case.

Centre County Judge David Grine ruled in the King and Beiler case that although the ordinance does infringe on the men's freedom of religion, both had to remove their horses. Similar ordinances in other Pennsylvania counties prohibit the keeping of livestock on less than one acre, Grine wrote in his ruling. Because King lives on less than one acre, he had to remove his horses from the property. Grine encouraged Beiler, who owns five acres, to seek a variance so he could keep his horses.

Bryant has since asked Grine to clarify his ruling and is awaiting a response.