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Lamb McErlane PC Partner Mark P. Thompson Applauded for his Argument in Appeal to Preserve Crebilly Farm

Lamb McErlane PC partner Mark P. Thompson was applauded in a Chester County courtroom after addressing the historical and environmental degradation that would result from Toll Brother’s subdivision of Crebilly Farm in Westtown Township, PA.  Thompson, the attorney representing Neighbors for Crebilly, spoke in favor of preserving what many say was a 1777 Battle of Brandywine site. “Once that area of the farm is developed, you can never get it back,” Thompson said.

Even though Crebilly is not located within the Battle of the Brandywine National Historical Landmark, the township concluded from its own Revolutionary War expert that action associated with the battle took place on Crebilly Farm, a fact that was not taken into account in the township’s written decision denying Toll’s application. Mr. Thompson said that “we believe a more expansive interpretation of the Environmental Rights Amendment needs to be taken into account” even if the township chose not cite it in their decision:

“Under the Environmental Defense Foundation case [before the PA Supreme Court], they said that the plain meaning of the terms ‘conserve and maintain’ in Article 1, §27 implicates a duty to prevent and remedy the degradation, diminution, or depletion of public natural resources whether these harms might result in direct state action or from the action of private parties. The argument that we advanced to the board of supervisors and that we’re advancing to this court is that this is something that the court can take into consideration and should take into consideration for making a determination as to whether or not Toll Brothers met its burden.” – Thompson said.

After he finished speaking, Mark Thompson received a round of applause, an exceptionally rare occurrence in a land use appeal let alone any courtroom.

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At Lamb McErlane, Mark Thompson concentrates his practice on municipal, land use, environmental law and property tax assessment matters. With his experience in the Pennsylvania Environmental Hearing Board and on the Pennsylvania Department of Environmental Protection, Mark also counsels clients in the areas of solid waste, water, sewage and environmental litigation.