Bresgal v. Brock

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…