Bresgal v. Brock
Court of Appeals for the Ninth Circuit
1Concurring in part, dissenting in partJ. Blaine Anderson, Circuit Judge
The declaratory judgment of the district court is affirmed. The court’s injunction is affirmed but modified in part. The denial of attorney’s fees to plaintiffs is affirmed.
I respectfully dissent from Part I of the majority opinion. The majority opinion brings this court too far into the realm and province of legislative law-making, a function we are ill-equipped to perform.
Many cases have examined, in various contexts, whether forestry and its related functions are considered an “agricultural” pursuit. The only consistent feature running throughout these cases is their inconsistency in…
2Cases cited11 opinions
- Farmers Reservoir & Irrigation Co. v. McCombSupreme Court of the United States · 1949
- Mountain Credit v. Michiana Lumber & Supply, Inc.Colorado Court of Appeals · 1972
- Kirby Lumber Corp. v. Hardin Independent School DistrictCourt of Appeals of Texas · 1961
- Just-A-Mere Farm, Inc. v. PeetOregon Supreme Court · 1967
- National Labor Relations Board v. Monterey County Building & Construction Trades CouncilCourt of Appeals for the Ninth Circuit · 1964
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