State v. McMillin

We will refer to the plaintiffs in error, The State Department of Agriculture and the Commissioners as the department and to the defendant in error as the defendant.

The department brought suit against the defendant to recover his “proportionate share of the costs” of spraying operations conducted upon his lands by the department in the summer of 1958 as part of a program to eradicate a threatened grasshopper plague in Prowers County, Colorado. The spraying of the land was undertaken pursuant to an emergency act of the legislature passed in an extraordinary session called by the governor in…