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Legal Opinion

Menefee & Son v. Department of Food & Agriculture

California Court of Appeal

Decided March 18, 1988No. [C000765PublishedCited by 16 opinions

1Opinion of the Court

Opinion

SPARKS, J.

In this appeal we are called upon to determine the constitutionality of Food and Agriculture Code section 12648. This section purports to empower the Director of the Department of Food and Agriculture, without a hearing and under nonemergency circumstances, to seize and destroy a crop or commodity which has been treated with an unauthorized economic poison and thereafter shifts the burden to the grower to bring a lawsuit within 30 days to contest the seizure. We hold that the challenged statute deprives the grower of procedural due process and consequently is unconstitutional.

2Cases cited7 opinions

  1. Skelly v. State Personnel BoardCalifornia Supreme Court · 1975
  2. People v. RamosCalifornia Supreme Court · 1984
  3. Randone v. Appellate DepartmentCalifornia Supreme Court · 1971
  4. Kash Enterprises, Inc. v. City of Los AngelesCalifornia Supreme Court · 1977
  5. Sokol v. Public Utilities CommissionCalifornia Supreme Court · 1966

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3Cited by16 opinions

  1. Traverso v. People Ex Rel. Department of TransportationCalifornia Supreme Court · 1993
  2. Wayne Wright v. Charles BeckCourt of Appeals for the Ninth Circuit · 2020
  3. People v. HernandezCalifornia Court of Appeal · 2009
  4. Koshak v. MalekCalifornia Court of Appeal · 2011
  5. Bradshaw v. ParkCalifornia Court of Appeal · 1994

11 more not listed; retrieve them via the Exa API.

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