Curly's Dairy, Inc. v. State Department of Agriculture

This is a suit brought by petitioners Curly’s Dairy, Inc., and Lester W. Hagel for a declaratory judgment construing the provisions of ORS, Chapter 583, particularly ORS 583.510(2). The precise question is whether the Department of Agriculture (hereinafter referred to as the Department) has the authority under ORS 583.510 to establish separate pools for producers and producer-distributors within the same market area. The trial court held that the Department did have such authority and the petitioners have appealed.

In 1963 the Milk Marketing Act was enacted by the state legislature. ORS…